BHARAT SANCHAR NIGAM LIMITED Vs. RAJESH SEKHAR.C.

JUDGEMENT

(1.) The Original Petition is filed by the Bharat Sanchar Nigam Limited ("BSNL" for short) against Exhibit P1 order passed by the Tribunal in O.A.805 of 2009, filed by certain Telecom Technical Assistants claiming promotion to the post of Management Trainees by relaxing the eligibility criteria; setting aside the eligibility criteria fixed in the internal quota where the category of TTA has been excluded. It was their case that they are eligible to be considered as per the Recruitment Rules of 2007, but not the Recruitment Rules existing at the time of selection. The contention was that the Recruitment Rules as on the date of arising of vacancy should be reckoned.

(2.) The Tribunal followed the order of the Principal Bench of the CAT dated 28.07.2010 in O.A.No.2899 of 2009 and connected matters, which is produced as Exhibit P5. ExhibitP5 was under challenge before the Delhi High Court, in which, by Exhibit P6 judgment, the writ petitions of the BSNL were allowed and the order of the Principal Bench of the CAT was set aside. In the above circumstance, we are of the opinion that Exhibit P1 order does not survive at all. We set aside the same, allowing the Original Petition. Parties are left to suffer their respective costs.