SATISH KUMAR VERMA vs BHARAT SANCHAR NIGAM LIMITED on 28 December 2018

1. Satish Kumar Verma, aged 32 years, HRMS No.200902355, S/o Sh. Ram Murti Verma, working as Junior Engineer, O/o CMTS Nodal Centre, Bharat Sanchar Nigam Limited, Chandigarh, Rank-8, 160002.

2. Deepak Kumar, aged 31 years, HRMS No.200900956, S/o Sh. Parmod Kumar, working as Junior Engineer, O/o BTS MTCE, Sector 17, Chandigarh, Rank-6, 160017.

3. Balwinder Singh, aged 31 years, HRMS No.200900439, working as Junior Engineer, O/o GDB (Group), SSA, Ferozepur, Rank-7, 152001.

4. Manpreet Singh, aged 32 years, HRMS No.200900657, S/o Sh. Kanwaljit Singh, working as Junior Engineer, O/o Telephone Exchange, Muktsar, Rank-4, 152001.

5. Sageena Rani Bansal, aged 28 years, HRMS No.200901705, D/o Sh. Jagdish Kumar, working as Junior Engineer, O/o DE (I/A), Jalandhar, Punjab, Rank-13, 144001.

6. Sukhwant Singh, aged 31 years, HRMS No.200902454, S/o Sh. Jagir Singh, working as Junior Engineer, Ajrawar, O/o SDE (Group) Rajpura, Dist. Patiala, Punjab, Rank-17, 147001.

7. Jaspreet Singh, aged 31 years, HRMS No.200900776, S/o Sh. S. Ram Singh, working as Junior Engineer, O/o SDE BSNL, Nurpur Bedi, Punjab, Rank-18, 140117.

8. Romi Chander, aged 34 years, HRMS No.200901773, S/o Sh. Shingara Lal, working as Junior Engineer, O/o SDE NIB-II, MTS Nagar, Jalandhar, Punjab, Rank-25, 144001.

9. Sarabjit Singh, aged 36 years, HRMS No.200900573, S/o Sh. Tarsem Lal, working as Junior Engineer, CMTS Dasua, Hoshiarpur, Punjab, Rank-27, 146001.

10. Harmesh Singh, aged 32 years, HRMS No.200902448, S/o Sh. Balbir Singh, working as Junior Engineer, Leela Bhawan Patiala, Punjab, Rank-29, 147001. (All working against Group-C posts). .…APPLICANTS ( By Advocate: Shri Rohit Sharma.)

VERSUS

1. Bharat Sanchar Nigam Limited, (A Govt. of India Enterprise), through its Chairman-cum-Managing Director, Corporate Office, Personnel-1 Section, 4th Floor, Bharat Sanchar Bhawan, Janpat, New Delhi-110001.

2. Chief General Manager Telecom, BSNL, Punjab Circle, Sector 34-A, Chandigarh 160034. .…RESPONDENTS (By Advocate: Shri K.K. Thakur)

ORDER (oral) SANJEEV KAUSHIK, MEMBER (J)

060/02040/2018

M.A. No. 060/02040/2018 is allowed. The applicants are permitted to file a joint Original Application.

The applicants in the present Original Application (O.A.) have sought the following relief:- “ (1) Direct the respondents to depute the applicants for training for appointment to the post of Junior Telecom Officer against the vacancy year 2014-15 as they have been declared successful in Limited Internal Competitive Examination under 50% quota and then offer them appointment from due date with all the consequential benefits for arrears of pay and allowances and seniority also.”

2. Heard Shri Rohit Sharma, learned counsel for the applicants, who vehemently argued that the applicants have been declared successful in the Limited Internal Competitive Examination under 50% quota for the post of JTO against the vacancy year 2014-15. When the respondents did not declare their result, they approached this Tribunal by filing O.A. No. 060/00608/2018 which was rendered infructuous, as the respondents had made a statement before this Tribunal that they will declare the result. On their statement the O.A. was disposed of. He further submitted that the respondents had declared the result, but they have not deputed the applicants for training for promotion to the post of JTO. He submitted that persons who were junior to the applicants and appeared in the subsequent examination against the vacancy for the year 2015-16, were deputed for training in other circles for promotion to the post of JTO. Learned counsel submitted that since the post of JTO is a All India Cadres and if the persons junior to the applicants were promoted, they will lose their seniority for further promotion to the higher post. The applicants have already submitted the representations against inaction of the respondents in not deputing them for training, but no decision has been taken by the respondents, rather they have decided to hold the Limited Internal Competitive Examination for the vacancy years 2016-17 and 2017-18 in the present circle against 50% quota. Therefore, he submitted that the applicants will be satisfied if a time bound direction is issued to the respondents to decide their pending representations (Annexures A-8 to A-10).

3. Issue notice to respondents. At this stage, Sh. K.K. Thakur, Standing Counsel for respondent department, present in Court, accepts notice on their behalf. He seeks and is allowed 2 weeks time to decide their indicated representations by passing a reasons and speaking orders. Ordered accordingly. The orders so passed be communicated to the applicants. The O.A. stands disposed of accordingly. The disposal of O.A. will not be construed as an expression of any opinion on the merit of the case.

(SANJEEV KAUSHIK)

MEMBER (J)

Dated: 28.12.2018 `SK’