BHARAT SANCHAR NIGAM LTD Vs. C G ANAKAR

JUDGEMENT

(1.) This Writ Pstition challenges the order of the Central Administrative Tribunal by which the Tribunal has granted the reliefs claimed by the Respondent Nos.1 to 50 to the present Writ Petition. The Tribunal while deciding the Original Application has granted the respondent Nos.1 to 50, besides other reiiefs, notional promotion with retrospective effect to grade IV of the Biennial Cadre Review scheme from the time their immediate junior was given such promotion. It is this part of the judgement of the Tribunal which is being impugned in the Present writ petition.

(2.) Two questions which arise for our cetermination are: 1) whether the Central Administrative Tribunal had jurisdiction to decide the Original Application when it passed the order on 5.11.2001, Grantin reliefs to the respondent - employees who were employed with the erstwile Department of Telecommunications (for short, Dot'), Government of India which are incorporated as a Government company know as Bharat Sanchar Niagam Limited (for Short, 'BSNL') w.e.f. 1.10.2000; (2) Assuming the Tribunal had such jurisdiction, whether on merits the Tribunal was right in awarding notional promotion to Respondent Nos.1 to 50 from the date on which their immediate junior was granted such promotion.

(3.) A few facts are necessary to be stated. Respondent Nos.1 to 50 as well as Respondent Nos.51 to 54, against whom respondent Nos.1 to 50 have a grievance, were appointed as telegraphists on the basic grade I of Rs.975-1600. They were then promoted to the post of Telegraph Master i.e., Grade II and later as Senior Telegraph Master i.e. Grade III in the scale of 1600-2660. These promotions were in accordance with the normal channel of promotion. Government of India introduced on 17.12.1983 a One Time Bound Promotion scheme (OTBP scheme) under which telegraphists who had completed 16 year of service were entitled to be promoted to the next grade. Respondent Nos.1 to 50 were promoted under this schem. thereafter, on 16.10.1990 anothe scheme know as the Biennial Cadre Review scheme (for short, BCR scheme) was introduced for promoting those who were regular employees on 1.1.1990 and had completed 26 years in the basic grade (including further promotions).