ttabsnl94: [TTABSNL] Letter to CMD, BSNL by Prahlad Rai Ji AIBSNLEA( Reg. Court Case)

No. : AIBSNLEA/CHQ/CMD/2009 Dated 08.07.2009

To,
Shri Kuldeep Goyal
CMD, BSNL
New Delhi - 110001

Sub : Contempt of Court Case No:1431 / 2009 in CWP No:5608 / 2007 at High Court of Chandigarh.

Respected Sir,

We would like to draw your kind attention to the long pending issue of regularization of JTO qualified TTA officials of second screening test conducted in the year 2000 under JTO recruitment rule 1996 of DOT, which still remains un-settled even after entering the 10th year of passing of a promotion test. This Association has been consistently demanding for settlement of the issue for last many years. In this connection it is learnt that a court contempt petition No: 1431/2009 has been filed by certain direct recruited TTAs in CWP No: 5608 of 2007 and is under posting at Hon'ble High court of Chandigarh on 22/07/2009. The following is submitted for your kind information and necessary action :

1) The Chandigarh case (CWP No 5608 of 2007 ) has dealt only on the issue of diversion of vacancies from DR quota to departmental quota. The case has not considered the right for the avenue of promotion to the TTAs working in erst-while DoT who are standing qualified in the JTO recruitment rule 1996, which is being denied blindly out of the judgment in CWP No 5608 of 2007.

2) Those section of employees whose career is affected adversely out of this judgment, like the JTO qualified TTAs in DoT, are not being made as party in the said case.

3) The Chandigarh case has not been properly presented with facts from BSNL side especially on facts like,

a) The standing agreement in the industry in the matter of absorption of JTO qualified TTAs in DoT at the time of Corporatisation.
b) The standing agreement on seniority of JTO qualified TTAs in the cadre of JTO, at the time of Corporatisation.
c) Denial of the right of such employees for any avenue for promotion as JTO under JTO R/R 1996.
d) The direct recruited TTAs has joined BSNL only in or after the year 2002, and these employees become eligible for promotion as JTO only after completing 10 years of service, that is in the year 2013 or afterwards. As such these employees are basically not the affected party to challenge the internal promotions out of second screening test under JTO R/R 1996, since no vacancies pertaining the year 2013 or later years has been diverted / reverted till date.
e) Three other similar writ petitions in High Court Of Kerala [WP (C) No: 9092/2006, WP (C) No: 4141/2006, WP (C) No: 36448/2007 ] and 1 such WP ( C ) in Simla and other High Courts on the same prayer to quash the promotion made from 2nd screening test conducted in the year 2000, already stands dismissed without merit in it.
f) The case was presented by Haryana / Punjab Circle administration in a highly biased manner.

4) BSNL has not initiated to move to higher court with appeal on this judgment yet.

5) As such, the highly irresponsible/biased way of dealing the case by BSNL administration at Hon'ble High Court has led to a state of Court Contempt against the Chairman of BSNL.

In this connection we request your good self the following.

1) An enquiry should be made into the situation which led to contempt of court against Chairman in CWP.5608/2007.

2) The case should be handled by BSNL in such a way, that the facts are presented properly before the Hon'ble Court and the promotion of the JTO qualified TTAs of DoT under JTO recruitment rule 1996 should be executed, ensuring the due seniority of recruitment rule as per the standing undertaking / agreement on the matter.

3) We may be given a chance to be heard in person to appraise the real facts and situation in this matter at the earliest, with all supporting documents / evidences we had, and a proper and effective defense of the case may be ensured with utmost care, because the career prospects / promotional avenues of thousands of serving officials is dependent on it.

Hope your good office will do the immediate needful in this case and settle this long pending issue judiciously based on the creative suggestions already put forward by this Association.

With kind regards,

Yours Sincerely,

(Prahlad Rai)
General Secretary
Copy to :
1. Shri Gopal Das, Director (HR), BSNL, New Delhi

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