BHARAT RATANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners belong to Group 'A' Cadre of Indian Telecom Services. They were recruited by the Union Public Service Commission through Indian Engineering Services Examination. All the petitioners are now working with the Bharat Sanchar Nigam Ltd. (BSNL). They are working with BSNL on deputation.

(2.) ON 24'" March 2005, the Government of India, Ministry of Communications and Information Technology issued Annexure 3 Circular Letter inviting options for absorption in MTNL/BSNL, from Group 'A' officers of Indian Telecom Services (ITS)/ Telegraph Traffic Services (TTS), Telecom Factory Services (TFS). As per Annexure 3 Circular dated 24 -03 -2005, the effective date of absorption will be 01 -10 -2000. The option once exercised shall be final and would not be allowed to be withdrawn by the officer concerned at a later stage. Officers not exercising any option as prescribed will be deemed to have opted for Government service. No conditional option shall be accepted and any such offer shall be treated as if the officer has not exercised option for absorption in MTNL/BSNL. Department of Telecommunications will consider the option exercised by Group 'A: officers along with the availability of posts in MTNL/BSNL and the personnel requirement of these organisations and make final allocation of officers to MTNL/BSNL or retention in Department of Telecommunications depending on the organizational needs and public interest. The decision of the Department of Telecommunications in this regard shall be final and binding on the officer. MTNL/BSNL will absorb optees as will be allocated by Dot. The right to option is given not only to the officers working in MTNL/BSNL, but also to all serving Group 'A' ITS/TTS/TFS officers who remained in Department of Telecommunications and who were on the rolls of the DOT/DTS/DTO on 30 -09 -2000. The schedule for seeking and giving options is given in paragraph 5 of the Circular. The general terms and conditions for permanent absorption of Group 'A' officers were enclosed with the option form.

(3.) INSTEAD of making options under the above mentioned Circular Letter dated 24 -03 -2005, the petitioners filed this writ petition challenging the said circular and seeking the following reliefs: (i) Issue a writ, order or direction in the nature of certiorari to set aside the wholly illegal, irregular, vague, evasive and arbitrary circular dated 24 -03 -2005 through which the petitioners are called upon to exercise their option for absorption in MTNL/BSNL or Dot (Department of Telecommunication). (ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to provide and come out with a fair, just, proper and comprehensive policy/statement dealing with all the service conditions sought to be altered by the impugned circular/order dated 2403 -2005 before the petitioners are called upon to exercise their option in favour of absorption in MTNL/BSNL or continuing in Government service. (iii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to formulate a just, fair and comprehensive policy for the absorption of petitioners in the Government service who intend to opt in favour of continuing in government services, which shall ensure that the petitioners are not discriminated or put to disadvantage vis -a -vis their counterparts in other Government Departments who had joined the Government services along with the petitioner through Indian Engineering Services conducted at All India Level by the Union Public Service Commission' In the same year through the same batch. (iv) Issue a writ, order or direction in the nature of, mandamus commanding the Respondents to formulate a just, fair and comprehensive policy for the absorption of petitioners in the BSNL or MTNL which shall ensure that the petitioners shall not be discriminated or put to disadvantage vis -a -vis their counterparts in other' Government Departments who had joined the Government Services along with the petitioner through Indian Engineering Services conducted at All India Level by the Union Public Service Commission in the same year through the same batch. (v) Issue any other writ, order or direction which this Hon'ble Court , may deem fit and proper in the facts and circumstances of the case. (vi) Allow the costs of the petition to the petitioners. The writ petition was admitted on 25 -05 -2005. By an interim order passed on 25 -05 -2005, a Division Bench of this Court directed that until and unless the Government of India completely clarifies the conditions protecting the interest and status of Group -A posts in which they are working, the last date of exercise of option shan be deferred and some other date shall be fixed after the clarification is made. The learned Assistant Solicitor General was directed to bring sufficient clarifications on record for consideration of the Court. By a subsequent order dated 29 -09 -2005, the respondents were directed not to take any action against the petitioners like declaring them surplus and to deploy retired or military personnel in place of them till the final decision in the writ petition. It was further directed that the petitioners' deemed deputation shall continue till the decision in the writ petition. However, it was made clear that the rights of those 'persons who are eligible to be promoted will not be affected by the said order.