NAGENDU BHATTACHARYA Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) The Writ petitioners in these proceedings under Article 226 of the Constitution of India seek quashing of Rule 5 of the Recruitment Rules to the post of Assistants, framed on 4.7.2003, as well as a notification dated 4.10.2005 (by which they were asked to appear for the Limited Internal Competitive Examination ("LICE") for promotion to the grade of Assistant) and issued by the respondent (The Bharat Snachar Nigam Ltd., hereafter called "BSNL").

(2.) The petitioners were working as Upper Division Clerks in the Department of Telecommunication (DOT), Central Government. At the time of formation of the BSNL, in the year 2000, several employees from the DOT were placed on deemed deputation basis w.e.f. 1.10.2000, with BSNL. It is not disputed that on 15.9.2000, an agreement was reached between employees of the DOT and Central Government outlining the broad understanding concerning the terms and conditions of the officers sent to the BSNL. One of the demands related to career progression of the Secretariat Staff, eventually to be absorbed by the BSNL. The relevant condition recording agreement on this aspect, at serial No.11 reads as follows: "Channels of promotion would be maintained from those employees to get absorbed in the BSNL."

(3.) It is averred that as per the existing service conditions, promotions from the category of Upper Division Clerk to the next higher post of Assistant were to be made on the basis of seniority- cum-merit. This was contained in Rules 6 and 6-A of the Central Secretariat Service Rules, 1962. All the petitioners, upon being offered the opportunity of absorption opted for it, and were declared to be employees of BSNL w.e.f. 1.10.2000, by separate orders issued in the year 2002. It is stated that in fact they joined the respondent upon being relieved by the DOT. The petitioners also rely upon an Office memorandum issued on 7.8.2001, which stated as under: