Central Administrative Tribunal - Delhi
Bankesh Kumar Sinha vs Mtnl on 30 May, 2025
(OA No.2214-2025)
(1)
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.2214/2025
This the 30th Day of May, 2025
Hon'ble Mr.Sanjeeva Kumar, Member (A)
Hon'ble Mr. Ajay Pratap Singh, Member (J)
Bankesh Kumar Sinha
S/o Lt. Jyotinder Prasad Sinha
Aged about 55 years,
Room No.107, Idgah Telephone Exchange,
Rani Jhansi Road, New Delhi-110005. ...Applicant.
(By Advocate: Mr.M.K.Bhardwaj)
Versus
1. Mahanagar Telephone Nigam Ltd.,
Through its chairman-cum-Managing Director
Corporate Office, 5th Floor, 9th CGO Complex,
Lodi Road, New Delhi-110003.
2. Mahanagar Telephone Nigam Ltd.,
Through its Executive Director MTNL Delhi
1st Floor, Eastern Court, Janpath,
New Delhi-110001.
3. The Secretary,
Ministry of External Affairs,
South Block, New Delhi. ...Respondents
(By Advocate: Mr.R.S.Rana)
O R D E R (ORAL)
Hon'ble Mr. Sanjeeva Kumar, Member (A):
By way of this OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief(s):-
"i). To declare the action of respondents in not forwarding the application of application for appointment to the post of Protector of Emigrants, Ministry of External Affairs on deputation as per (OA No.2214-2025) (2) Circular dated 13.05.2025 as illegal and direct the respondents to forward the application of applicant to MEA with Cadre Clearance and relieve him to join the said post in the event of his selection by the competent authority in Ministry of External Affairs.
ii) To allow the OA with cost.
iii) Any other orders may also be passed as this Hon'ble Tribunal may deem fit and proper in the existing facts and circumstances of the case."
2. The issue, in brief, is that the applicant was initially appointed in as JTO in Department of Telecommunication (DoT) on 24.10.1995 later promoted to Group 'B' Gazetted Officer. On 01.10.2000, the options were called by the Department of DoT and he opted for MTNL and after his technical resignation from erstwhile DoT, joined MTNL. On 18.12.2004, the applicant was promoted from JTO (E-2 Scale) to Sub Divisional Officer (E-3 Scale).
3. The applicant applied for deputation in DDA, IRCTC and Ministry of External Affairs against the respective advertisements. While his current controlling officer has approved/forwarded his application along with vigilance clearance to Delhi Headquarter for cadre clearance and further forwarding the applications to concerned borrowing organizations i.e. DDA, IRCTC and Ministry of External Affairs but Delhi Headquarter as well as Corporate Office has been (OA No.2214-2025) (3) kept his applications pending and not forwarding the same to the concerned borrowing organizations.
4. Learned counsel for the applicant submits that in case of other similarly placed employees of the MTNL, the application has been forwarded and NOC has also been issued. It is contended that before closing date of application in respect of DDA, IRCTC, the applicant had sent reminder to GM (Administration) and other concerned official in MTNL as the closing date of application of Ministry of External Affairs was 20.01.2025 but the same was not forwarded. Being aggrieved by such action of the respondents, he had sent a legal notice on 19.12.2024 and the respondents have replied to the same vide reply dated 24.01.2025 wherein his request has been turned down citing DoP&T OM dated 17.06.2010 as the applicant has not completed 3 years of mandatory cooling off period. However, the applicant contends that the said OM which provides cooling off period is not applicable in the case of PSUs, more specifically MTNL.
6. Learned counsel for the applicant also draws attention to the communication dated 18.02.2025 wherein DGM (HR) has requested Executive Director, Delhi and Chief General Manager Mumbai to instruct all (OA No.2214-2025) (4) concerned officers to forward all eligible applications for outside employment whether on deputation/permanent basis, to corporate office for further processing without any hurdles or delay.
7. The learned counsel also takes us office order dated 08.10.2024 of MTNL which reads as follows:
"Office Order In super session of the office order(s) MTNL/CO/Pers/FOA/CO/2016-1/2780 dated 09.12.2016, & MTNL/CO/Pers/FOA/CO/2016- 1/1677 dated 28.06.2018 & instructions conveyed post VRS-2019 i/r/o deputation/permanent employment, approval of Competent Authority is hereby conveyed for allowing deputation/Outside employment on permanent basis to all employees of MTNL to other PSUs/Government Undertaking/Government Autonomous Body/any other Government Controlled Organization/Body.
This issues with the approval of Competent Authority."
8. Learned counsel for the applicant further draws our attention to communication dated 11.03.2025 captioned "Non-operation HR Activities with financial implication such as Restructuring, Recruitment, Promotion, Non-Functional Upgradation (NFU) etc." wherein considering the dire financial condition of MTNL, the MTNL Board has formally approved the freezing of all Non-operational HR activities for a period of one year with a view at the end of this period.
(OA No.2214-2025) (5)
9. Learned counsel also stated that in the interest of MTNL to allow deputation/outside employment on permanent basis to all employees of MTNL to other PSUs/Government Controlled Organization etc.
10. We have heard both the learned counsels and gone through the pleadings on records.
11. It appears that the sole ground on which the applicant's request for deputation is not being processed. The afore-stated DoP&T OM which stipulates certain cooling off period on return from deputation before the request for deputation could be considered.
12. We have perused the DoP&T OM which stipulates that there shall be a mandatory 'cooling off' period of three years after every period of deputation/foreign service up to Joint Secretary level posts and one year for Additional Secretary level posts. However, such OM is not applicable to MTNL and the applicant otherwise fulfills the other eligibility criterion and as clear from the vigilance. The competent authority among the respondents may consider to forward his application for deputation to Respondent No.3.
13. The applicant, on the other hand, has asserted the said OM is not applicable in case of PSUs, more specifically MTNL. Also, there is no doubt that the (OA No.2214-2025) (6) MTNL is allowing deputation/outside employment on permanent basis to all employees of MTNL to other PSUs/Government Undertaking. More so, in the context of their present financial condition wherein MTNL Board has formally approved the freezing of all Non-operational HR activities for a period of one year and their primary focus at this stage is on survival, revenue generation, cost optimization and operational establishment.
14. In view of above, more so given the dire financial position of the MTNL and also the fact that the deputation outside organization is actively being encouraged, we see no reason as to why the applicant's case is not being forwarded. Therefore, we direct the competent authority among the respondents to forward the application of the applicant for appointment to the post of Protector of Emigrants, Ministry of External Affairs on deputation as per Circular dated 13.05.2025 with necessary clearance before the last date of application i.e. 12.06.2025 if the said cooling off restriction contained in the relevant DoP&T OM cited, does not apply in the case of MTNL and if he is otherwise found eligible. In case he is selected, there will be no impediment to relieve him to join the said (OA No.2214-2025) (7) post. Needless to say that we have not expressed any opinion on the merit of the case.
15. In view of above, the present OA is disposed of at the admission stage with liberty in accordance with law. Associated MA, if any, also stands disposed of. No costs.
(Ajay Pratap Singh) (Sanjeeva Kumar)
Member (J) Member (A)
/kdr/