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Showing contexts for: bsnl cat in M. Jagdish Vyas & Ors vs Union Of India & Ors on 29 March, 2010Matching Fragments
9. With these observations, BSNL was directed to include the names of the appellants in the list of successful candidates as per their merit positions and consider their candidature for absorption on the posts of JAOs.
10. The aforesaid decision of the CAT was challenged before the High Court of Judicature at Jodhpur by Union of India/BSNL in two writ petitions. Considering the factual situation as narrated above, the Division Bench considered the two letters dated 23.07.2002 and 24.06.2002 and held that the CAT had not construed the same in the proper perspective. The Division Bench concluded that deputationists who were to be absorbed on the posts of JAOs and the departmental employees seeking appointment by way of promotion on the posts of JAOs who were required to take the JAO Examination, constituted two separate and distinct classes. While the employees of DoT have been offered an opportunity for being qualified to become JAO in the regular line of promotion, deputationists who had not passed one of the requisite essential papers of JAO, Part-II Examination were permitted to make up the deficiency by passing the necessary paper in the examination held by the DoT. The classification was, therefore, on a rational basis. It had a nexus with the object sought to be achieved. Therefore the appellants could not have complained of any violation of their rights under Articles 14 and 16 of the Constitution of India. The Division Bench concluded that the letter dated 23.07.2002 was not applicable to the deputationists. They were governed by the conditions laid down in the letter dated 24.06.2002 which had been placed before the CAT as Annexure R1. It has been held that the appellants failed to place on record any material to show that the aforesaid letter dated 24.06.2002 which was applicable in the case of deputationists, had been superseded by the letter dated 23.07.2002. Consequently, the writ petitions filed by the Union of India/BSNL were allowed and the order passed by the CAT was set aside. The applications filed by the appellants were dismissed. Hence the appellants who were the applicants before the CAT have challenged the aforesaid judgment of the Rajasthan High Court in these appeals.