BSNL Vs. MODA NAND THAKUR

JUDGEMENT

(1.) APPOINTED as a Junior Engineer in the Post and Telegraph Department under the Government of India, which post was later on re-designated as Junior Telecom Officer (JTO) petitioner earned regular promotion to the post of Sub- Divisional Engineer (SDE) on 15.7.1991 and with the formation of Bharat Sanchar Nigam Limited (BSNL) petitioner opted for and became the employee of BSNL.

(2.) SENIORITY list of employees of BSNL is admittedly maintained on All India SENIORITY basis and promotions are effected to the next higher post as per applicable benchmark being achieved and thereupon by way of seniority. However, if short term vacancies such as leave vacancies etc. arise, the senior most person in a division is granted a short term promotion called promotion on Local Officiating basis.

(3.) THE source of the power claimed by BSNL to revert respondent No.1 is an office memorandum containing administrative instructions on procedures to be followed when disciplinary proceedings are initiated against an employee of BSNL. THE circular reads as under:-