BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, STATESMAN HOUSE, BHARAKHAMBA ROAD NEW DELHI, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR Vs. BSNL PESONAL STAFF ASSOCIATION, KERALA CIRCLE UNIT, REP. BY ITS CIRCLE TREASURER SRI. M.T. SASIDHARA MENON

JUDGEMENT

(1.) Whether the benefit ordered to be given to the 'Executives' of the BSNL, as per Ext.P7 dated 23/08/2006 towards 'Professional Up gradation Allowance' is liable to be termed as a mere 'financial benefit' as envisaged under 'Condition No.6' of Ext.P5 ACP Scheme and is to be paid to the Stenographers Grade-III as well (who admittedly are not Executives) Does it have any nexus or relevance to the status of the post and the nature of duties to be performed Is it to be paid automatically, simply with reference to the enhanced scale of pay, without any regard to the status or privilege as applicable in the case of 'Executives', merely for the reason that the quantification exercise is stipulated to be effected as 2% of the basic pay These are the important questions to be answered in these writ petitions.

(2.) The verdict passed by the Tribunal, rejecting the claim mooted by the Employees' Association and the concerned workers is under challenge by the Association and workers in W.P.(C) No.30750 of 2009; whereas W.P.(C) No.29826 of 2009 has been preferred by the BSNL, in so far as the steps for recovery of the payment effected on mistake have been intercepted.

(3.) Coming to the sequence of events, pleadings and proceedings are as referred to, as given in W.P.(C) No.30750 of 2009, which is taken as the lead case. The first petitioner is an Association of the employees concerned, while the petitioners 2 and 3 are working as Stenographers. The employees concerned, pursuant to selection and appointment, joined the service of the Telecom Department years back and were continuing in above posts. Because of the bleak chance for getting promotion and the stagnation involved, the Union Government came up with a scheme to boost up the morale of the employees, providing some measures of financial assistance. It was accordingly, that Ext.P5 Scheme was introduced as per order dated 09/08/1999, providing benefits to the extent as specified therein; also making it clear that, the employees will be given the benefit of up gradation (first and second respectively) on completion of 12 and 24 years. It was also stipulated that they could continue to draw the higher pay scale attached to the higher post, till they obtained regular promotion and once they got the regular promotion, they would be shifted to the regular channel. It was also made clear that, while granting the benefit of ACP, fixation should be effected in terms of the relevant provisions, particularly Rule 22A of the Fundamental Rules and that, once regular promotion was extended, no further benefit of refixation would be given in the concerned pay scale.