Central Administrative Tribunal - Ernakulam
Sri.Rajneesh R vs The General Manager on 22 May, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.830/11
Wednesday this the 22nd day of May 2013
C O R A M :
HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER
HON'BLE Mr.K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
1. Sri.Rajneesh R,
HR No.200304852,
Telecom Technical Assistant, Indoor,
Bharat Sanchar Nigam Limited, Telecom Exchange,
Alathur, Palakkad - 678 541.
2. Smt.Vijayasree Haridas,
HR No.200801840,
Telecom Technical Assistant,
Bharat Sanchar Nigam Limited,
Alathur Groups, Palakkad - 678 541. ...Applicants
(By Advocate Mr.P.K.Madhusoodhanan)
Versus
1. The General Manager, Telecom,
Bharat Sanchar Nigam Limited,
(A Government of India Enterprise),
Palakkad - 678 014.
2. The Chief General Manager, Telecom,
Bharat Sanchar Nigam Limited,
(A Government of India Enterprise),
Kerala Circle, Thiruvananthapuram - 695 033.
3. The Director (Human Resource Development),
Bharat Sanchar Nigam Limited,
(A Government of India Enterprise),
Corporate Office, 5th Floor, Bharat Sanchar Bhavan,
Janapath, New Delhi - 110 001.
4. Bharat Sanchar Nigam Limited,
represented by its Chairman, A - 703,
Statesman House, B - 148 Barakhamba Road,
New Delhi - 110 001.
5. Union of India represented by its Secretary,
Ministry of Communication,
New Delhi - 110 001. ...Respondents
(By Advocate Mr.Johnson Gomez [R1-4])
This application having been heard on 22nd May 2013 this Tribunal
on the same day delivered the following :-
O R D E R
HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER The applicants herein joined the services of Bharat Sanchar Nigam Limited (BSNL for short) as Telecom Technical Assistants (TTA for short) as direct recruits in 2003 and 2008 respectively. They were confirmed in the said post also.
2. The above applicants were directly recruited by virtue of their possessing a Post Graduate Degree in Electronics which is included in the required educational qualification.
3. The next post is Junior Telecom Officer (JTO for short) for which 50% is by direct recruitment and 50% by promotion through Limited Internal Competitive Examination of BSNL. The qualification required for promotion as reflected in column 12 of Schedule at Annexure A-6 is as under :-
50% by promotion of Internal candidates referred to in item (ii) in column II will be regulated as follows :
(I) 35% by promotion through Limited Internal Competitive Examination from amongst following Group 'C' employees below 50 years of age as on the date of such examination of the Engineering Wing, namely, Phone Inspector Auto Exchange Assistants/Wireless Operators/Transmission Assistants/Telecom Technical Assistants/Sr. Telecom Office Assistants and possessing the following essential qualifications and experience :
A.(i) Bachelor of Engineer/Bachelor of Technology or equivalent Engineering Degree in any of the discipline viz. Telecommunications/Electronics/Electrical/Radio/Computer.
Or Bachelor of Science with Physics and Mathematics.
Or 3 years Diploma in Telecom/Electronics/Electrical/ Radio/Computer.
4. The grievance of the applicants is that the qualification M.Sc. Electronics is conspicuously missing in the qualification requirement for the post of JTO by way of promotion through Limited Internal Competitive Examination. Thus, according to them, they are totally deprived of any promotional chances. The applicants, therefore, filed this O.A seeking the following reliefs :-
(a) Set aside Annexure A-6 in so far as it does not include and it exclude M.Sc. Electronics as one of the eligible required educational qualification for granting promotion to Telecom Technical Assistant to the cadre of Junior Telecom Officer against 35% Limited Internal Competitive Examination from amongst Group C employees like Telecom Technical Assistant.
(b) Declare that the total denial of/total restriction of 35% promotion through Limited Internal Competitive Examination from Group C employees below 50 years by not including M.Sc. Electronics as one of the required eligible educational condition for consideration for promotion to the Junior Telecom Officer Cadre contained in Column 12 of Annexure A-6 is unconstitutional, unreasonable, arbitrary and it amounts to invidious discrimination and therefore bad in law.
(c) Issue necessary directions to the respondents to issue orders forthwith granting reasonable promotional opportunities to the applicants and the like Telecom Technical Assistants with M.Sc. Electronics by issuing necessary suitable amendments in Annexure A-6 by including M.Sc. Electronics as one of the eligible required educational qualifications for Telecom Technical Assistant for promotion by 35% Limited Internal Competitive Examination to the cadre of Junior Telecom Officer.
(d) Issue necessary directions to the third respondent to consider and pass orders on merit on Annexures A-10, A-11 and A-12 in accordance with law and settled dictums within a time limit to be fixed by this Hon'ble Tribunal.
(e) Issue necessary directions to the respondents to consider and grant promotion to the applicants as Junior Telecom Officer against 35% Limited Internal Competitive Examination on considering and on finding them fit on selection untrammeled by the non-inclusion of the M.Sc.
Electronics in Annexure A-6 as eligible required educational qualification for the said promotion.
(f) Award costs of these proceedings.
(g) Grant such other and further reliefs as this Hon'ble
Tribunal deems fit and proper.
5. The respondents have filed their reply. Their main contention is that the request of the applicants to include M.Sc Electronics as an eligible qualification to attend the JTO Limited Internal Competitive Examination has been forwarded to the BSNL Corporate Office at New Delhi for their consideration. They have referred to a Writ Petition No.1956/06 filed by Smt.Lalith Skaria and another in which the Hon'ble High Court directed that the respondents should consider the case of the petitioners therein against the vacancy which had arisen subsequent to August, 1999 in accordance with law and in accordance with rules which were prevailing on the date of occurrence of vacancy. They have also referred to a decision by this Tribunal in T.A.6/09 (K.Narayanan Potti) wherein the Tribunal directed the BSNL authorities to conduct the JTO examination within a period of four months. Thus, the examination is scheduled. As such, rules have not been violated.
6. In their rejoinder the applicants have contended that by making a reference to Headquarters for consideration of amendment to the Recruitment Rules, the respondents are not at all justified in washing their hands. They have reiterated that they are unreasonably and arbitrarily discriminated against for no justifiable reason at all in the matter of consideration for promotion to the post of JTO, totally denying them their fundamental right to be considered for even a single promotion.
7. Counsel for the applicant argued that M.Sc Electronics qualification has been prescribed as one of the qualifications for the post of TTA. The other alternative qualifications include three years Engineering/Diploma in Telecommunications Engineering/Electronics Engineering/Electrical Engineering/Radio Engineering and Computer Engineering. Compared to the above, M.Sc Electronics is a higher qualification. Yet in respect of promotion to the post of JTO the Diploma is included as a qualification, B.Sc in Physics and Mathematics have also been included. Bachelor Degree in Engineering in Electronics too has been included but M.Sc. Electronics has not been included. Thus, the applicants could never be able to get a promotion in their entire career. This is illegal and accordingly the respondents should be directed to include the aforesaid qualification of M.Sc Electronics as one of the prescribed qualifications for promotion to the post of JTO.
8. Counsel for the respondents have submitted that since the rules are silent about the M.Sc Electronics, they would not accede to the request of the applicants. Nevertheless the matter has been referred to the Headquarters.
9. Arguments were heard and documents perused. It is settled law that any appointment in service should have certain promotional prospects. In this regard, the Apex Court in the case of C.S.I.R Vs. K.G.S.Bhatt reported in 1989 (4) SCC 635 has held as under :-
"9. That then is the scope of bye-law 71(b)(ii). But that does not mean that we should interfere with the relief granted to respondent-1. By pointing out the error that crept into the decision of the Tribunal, we need not to lake to its logical end which will defeat justice. Respondent-1 is not a lay-man. He is a highly qualified engineer. Although joined service with a diploma in Engineering, he later passed Bachelor of Engineering (B.E.) and also acquired M. Tech. degree and one more diploma (D.P.M.). He was however, left without opportunity for promotion for about twenty years. This is indeed a sad commentary on the appellant's management. It is often said and indeed, abroitly, an organization public or private does not 'hire a hand' but engages or employees a whole man. The person is recruited by an organization not just for a job, but for a whole career. One must, therefore, be given an opportunity to advance. This is the oldest and most important feature of the free enterprise system. The opportunity for advancement is a requirement for progress of any organization. It is an incentive for personnel development as well. Every management must provide realistic opportunities for promising employees to move upward. "The organization that fails to develop a satisfactory procedure for promotion is bound to pay a severe penalty in terms of administrative costs, misallocation of personnel, low morale, and ineffectual performance, among both no managerial employees and their supervisors". There cannot be any modern management much less any career planning, man- power development, management development etc. which is not related to a system of promotions. The appellant appears to have overlooked this basic requirement of management so far as respondent-1 was concerned till N.R. & A.S. was introduced."
10. The above decision has been followed in subsequent judgment of the Apex Court as well.
11. Admittedly, when M.Sc Electronics is included as one of the eligible qualifications for the post of TTA, if an individual is possessing the said qualification he is inducted as TTA subject to his fulfillment of other necessary conditions. Normally there must be certain promotional avenues. M.Sc. Electronics is generally equated with Bachelor of Engineering in Electronics as well. This qualification of Bachelor of Engineering in Electronics has been included as a educational qualification for JTO. Even academic degree such as B.Sc. Mathematics or Physics has been included as a qualification for promotion to the post of JTO. A M.Sc. Electronics degree holder cannot be made worse than a diploma holder in Electronics. The omission in the Recruitment Rules is, therefore, required to be rectified by including M.Sc. Electronics as a permissible qualification for promotion.
12. In view of the above, the O.A is allowed. The respondents are directed to take necessary action for amendment to the Recruitment Rules. As amendment is a time consuming process, by an administrative order the respondents shall also make M.Sc. Electronics degree holders as eligible for appearing in the Limited Internal Competitive Examination of the employees of BSNL. If the applicants have already applied for participating in the examination scheduled on 2.6.2013 they should be permitted to participate in the said examination. Ordered accordingly.
13. Under the above circumstances, there shall be no order as to costs.
(Dated this the 22nd day of May 2013)
K.GEORGE JOSEPH Dr.K.B.S.RAJAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
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