BOBAN LAL Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) The order dated 23.2.2010 in O.A. No. 16 of 2009 on the file of the Central Administrative Tribunal, Ernakulam is assailed in these petitions. O.P.(CAT) No. 335 of 2010 is filed by the respondents in the above O.A. The respondent is the applicant before the Tribunal. He was working as Junior Telecome Officer (JTO) under the petitioners. As per the special rules, 75% of the post as Sub Divisional Engineers (SDE) are to be filled up by promotion from JTOs on the basis of seniority and fitness. Remaining 25% is to be filled up on the basis of the departmental competitive examination. Though the special rules came into force with effect from 22.7.1996 no departmental competitive examination was conducted till 2002 for the so-called administrative reasons. As per proceedings dated 28.12.2001, a copy of which was produced as Annexure-AI before the Tribunal, more than 6000 Junior Telecoms Officers (JTOs) were promoted and posted. Thereafter, a departmental competitive examination was conducted in 2002. Many of the JTOs promoted as Sub Divisional Engineers by Annexure-AI also applied for the competitive examination including the respondent in O.P(CAT) No. 335 of 2010. But he did not qualify. On the basis of the result of the examination, the department published provisional seniority lists on 28.7.2004 and 2.12.2004. The respondent in OP (CAT) 335 of 2010 did not file any objection though some of the officers junior to him as per Annexure-AI were found place above the respondent. According to the respondent, no final seniority list was published. However, on 3.3.2008 he made a representation to the Chief General Manager stating that some of the juniors to the respondent were given seniority above the respondent. Alleging that there was no response to the representation made by the respondent he filed the Original Application before the tribunal seeking an order to quash the provisional seniority lists, copies of which were produced as Annexures-A5 and A6 before the tribunal and for a direction to the petitioners in the above OP to recast the impugned provisional seniority lists. The plea of the respondent is that the seniority as per Annexure-AI is not liable to be disturbed on the basis of the result of the departmental competitive examination. The tribunal below allowed the application and set aside Annexures-A5 and A6 provisional seniority lists and the petitioners herein, who were the respondents were directed to recast the seniority lists. Before the tribunal, the decision of the Chandigarh Bench in Dewan Chand v. Union of India (TA 84 & 85-HR-2009 dated 25.8.2009) were also relied upon by the applicant. By the above order the Chandigarh Bench allowed the application with similar plea and the petitioners herein were directed to recast the seniority list on the basis of the above decision. Some of the Sub Divisional Engineers, who were aggrieved by the order of the tribunal approached this court by WP(C) No. 20979 of 2010. By judgment dated 12.7.2010, a copy of which is produced as Ext.P8 in OP(CAT) No. 175 of 2010 dismissed the petition with liberty to the petitioners to move the tribunal for review of the impugned order. Accordingly, they preferred review application as R.A. No. 22 of 2010. The tribunal by order dated 7.9.2010, a copy of which is produced as Ext.P10 in O.A. No. 175 of 2010 dismissed the Review Application. Some of the review applicants are the petitioners in OP(CAT) No. 175 of 2010. The petitioners in OP(CAT) No. 2248 of 2011 are yet another batch of review applicants. In OP(CAT) Nos. 175 of 2010 and 2248 of 2011 the order in review is also assailed. Hereinafter the parties are referred with reference to their status in the O.A as the applicant, respondents and review applicants.

(2.) The short question now before us is that whether the Sub Divisional Engineers, who are successful under the departmental competitive examination subsequent to Annexure-A1 promotion order are entitled to seniority over those who were appointed earlier as per Annexure-AI order towards 75% promotion quota.

(3.) It is not in dispute that Annexure-A1 order whereby the applicant and the review applicants were promoted is an unconditional regular promotion order on the basis of seniority and fitness as per the special rules which came into effect from 22.7.1996. For a correct appraisal of the facts of the case, it would be appropriate to read Annexure-A1 order, which is produced as Ext.P8 in OP(CAT) No. 2248 of 2011.