INDIAN TELECOM SERVICE ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner association has preferred this writ petition praying for quashing of a letter/office order dated 8.5.2000 issued by respondents 1 and 2 seeking option from the Members of the Petitioner association for their permanent absorption in the Mahanagar Telephone Nigam Limited (hereinafter referred to as MTNL). The brief background of certain essential facts as apparent from the undisputed pleadings of the parties, may be capsulated at the outset:-

(2.) On 1st April, 1986, Government of India transferred the Telecom Operations in Union Territory of Delhi, Bombay, New Bombay and Thane Municipal Area, constituting what are described to be the "creamiest layer" of consumers from Department of Telecommunications to the newly incorporated Government Company known as Mahanagar Telephone Nigam Limited. For the above purposes, the Government of India, Ministry of Communications had vide its letter dated 18th March 1986 transferred the staff of the Department of Telecommunications working in the aforesaid areas, on deemed deputation to MTNL on the then existing terms and conditions and without any deputation allowance.

(3.) After about half a decade the telecommunication functions which hitherto were solely being performed by the Department of Telecommunications, Government of India were opened up in 1992 for private sector participation. The Government of India purportedly in order to separate its licensing and policy functions from the Telecommunications Services and Telecommunications operations, decided to transfer the same to separate departments. The telecommunication services function was transferred to the newly created department known as Department of Telecommunication Services (hereinafter referred to as DTS), and the Telecommunication Operation Function was transferred to another newly created department known as Department of Telecommunication Operation (hereinafter referred to as DTO).