ANANDHI Vs. CHIEF GENERAL MANAGER BSNL, TAMIL NADU CIRCLE; GENERAL MANAGER BSNL, BIBIKULAM; CENTRAL ADMINISTRATIVE TRIBUNAL REP BY ITS REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for records relating to the order passed in O.A.No.1203 of 2012 dated 11-09-2015 by the Central Administrative Tribunal, Madras Bench and quash the same.

(2.) The writ petitioner as applicant has filed O.A.No.1203 of 2012 on the file of the Central Administrative Tribunal, Madras Bench praying to call for the records relating to the orders dated 15-07-2011 and 26-05-2012 passed by the second respondent and quash the same and also for consequential relief wherein the present respondents have been shown as respondents.

(3.) It is averred in the Original Application that the applicant has been appointed as Junior Telecom Accountant in the Department of Telecommunication on 04-02-1984 and subsequently, promoted to the post of Assistant Accounts Officer on 29-07-1998 and another promotion has been given on 11-05-2001. On 06-03-2002, the petitioner has been promoted and posted as Accounts Officer and even now, she is working in the same post. On 18-01-2007, Time Bound /Post Based Promotion Policy i.e., IDA Scale Upgradation Scheme has been introduced. As per the Scheme, the first upgradation has to take effect from 01-10-2004. In the year 2008, first review has been conducted for giving first Time bound/ Post based promotion. The relevant period for the first Time bound upgradation is 1999-2004. During that period, the petitioner has been promoted to the post of Assistant Accounts Officer. No disciplinary proceeding has been pending against the petitioner. On 08-08-2005, the petitioner has given a complaint with regard to sexual harassment in work place. On 19-08-2006, the Divisional Engineer sent Confidential Report ('ACR' in short) in the year 2005-2006 assessed by different Officers. The first period is covered from 01-04-2005 to 15-09-2005 wherein adverse remark has been given by one Mr. Ayyappan under whom the petitioner has served less than two months. As per Guidelines, the Reporting Officer is not having authority to give report and hence the report given by him is not sustainable. The second report has been given by one Mr. Chandrasekaran, against whom the petitioner has lodged a complaint for sexual harassment in work place. The petitioner has challenged the confidential report by way of appeal and superior officer has pressurized the petitioner to withdraw the complaint. The petitioner has refused to withdraw the same. Under the said circumstances, the appeal filed by the petitioner has been dismissed on 28-12-2006 by the second respondent. On 18-01-2007, implementation of Time Bound/Post Based Promotion Policy has been introduced. The first Review Meeting has been conducted in the year 2008. The relevant period is 1999-2004. The petitioner has not been considered. The second respondent has sent a report that the petitioner cannot be considered for first Time bound Upgradation from 2004, without any reasons. The petitioner has also challenged adverse remarks made by two different Officers. The second respondent has passed the impugned orders dated 15-07-2011 and 25-06-2012 and in order to quash the same, the present Original Application has been filed.