MAGGHU PRASAD TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri Sudhir Agarwal, Senior Advocate, Sri N.K. Pandey, Sri A.K. Dave, Sri H.S. Srivastava, Sri Shiv Ram Upadhaya, Sri J.S. Srivastava Advocates for petitioners, Sri Manoj Kumar, Additional Standing Counsel and Sri Nand Lal Maurya holding brief of Sri B.N. Singh, Sri N.C. Tripathi, and Sri S.C. Misra appear for the Respondents -Bharat Sanchar Nigam Limited.

(2.) THE petitioners are challenging the validity of orders dated 6/20th September, 2002 and 5/16th September, 2002, in Writ Petition No. 48717 of 2002 and orders dated 20 -11 -2002 and 10 -9 -2002 in Writ Petition No. 18265 of 2003, by General Manager (A), Bharat Sanchar Nigam Limited, Allahabad and Lucknow respectively by which the promotion orders of the petittioners on Grade IV posts under 10% B.C.R. Scheme in the pay -scale of Rs. 6500 -10,500 on the post of Chief Telecom Supervisor issued on 17 -11 -1998, 30 -11 -1998 have been cancelled, and the promotional benefits including arrears of enhanced pay and allowances paid to the petitioners have been withdrawn.

(3.) BEFORE its incorporation, the Bharat Sanchar Nigam Ltd. (BSNL for short) was a department of Union Government known as Department of Tele -Com. In order to avoid stagnation the department vide its policy decision dated 10 -10 -1990 introduced a promotional scheme known as 'Biennial Cadre Review Scheme', (BCR Scheme for short) providing that the officials having 26 years of regular service in the cadre were entitled to be promoted in Grade -III in the pay scale of Rs. 1600 -2660 (revised to Rs. 5000 -8000). The scheme also provided that 10% of the officials in Grade -III will be entitled to be promoted in Grade -IV in the pay scale of Rs. 2000 -3200/ - (revised to Rs. 6500 -10500). Accordingly a number of officers were promoted in Grade -IV (10%) of BCR Scheme by CJMT, UP Circle, Lucknow on the basis of their inter se seniority in Grade -III.