R SAI BABU Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) W.P.No.1657 of 2003 is filed to quash the order of the Central Administrative Tribunal, Hyderabad in O.A.276 of 2003 dated 17.11.2003. W..P.No.ll35 of 2004 is filed by BSNL aggrieved by the ordetr of the Central Administrative Tribunal, Hyderabad in O.A.No.276 of 2003 dated 17.11.2003. W.P.No.3779 of 2004 is filed by BSNL aggrieved by the order of the Central Administrative Tribunal, Hyderabad in O.A.1354 of 2003 dated 18.11.2003 and W.P.No.2949 of 2004 is filed by the Union of India, and Bharat Sanchar Nigam Limited (BSNL), aggrieved by the order of the Central Administrative Tribunal, Hyderabad in O.A.1707 of 2003 dated 31.12.2003. The relief sought for by the respondents - applicants, before the Central Administrative Tribunal, Hyderabad in O.A.276 of 2003 and batch, was to declare clause (iv) of paragraph 3, of the letter Ncc.l2-15/2002-DE dated 10.3.2002 issued by BSNL, as arbitrary and illegal, in so far as it denied the benefit of relaxation of standard to candidates who had participated in the 1999 and 2000 years departmental competitive examination for Junior Telecom Officers (15% quota) only, by holding that they were entitled for grant of the said benefit of relaxed standard with all consequential benefits such as inclusion in the merit list, promotion to the post of Junior Telecom Officers, seniority, pay and allowances etc.

(2.) On receipt of representations seeking application of relaxed standards for preparation of results, M/s BSNL (Departmental Examination Branch), vide proceedings dated 10.3.2003, informed all the Chief General Managers, Telecom Circles, that it had been decided that, in addition to the results already declared as per the standards mentioned , a separate merit list for unfilled vacancies may be drawn up for applying the relaxed standards in order to make available more departmental candidates for filling up the posts of JTOs under 15% quota. The relaxed criteria, prescribed in the proceedings dated 10.3.2003, reads as under:

(3.) The petitioners herein had raised an objection to the maintainability of the O.As on the ground that, since M/s BSNL a company registered under the Companies Act was incorporated on 1.10.2000, appointments made thereafter to the post of JTOs was by the BSNL and the impugned proceedings dated 10.3.2003 under challenge in the O.As was also issued by the BSNL, the Tribunal had no jurisdiction to entertain the O.As or grant any relief against BSNL. The respondents-applicants contended before the Tribunal that, since employees in the cadre of JTOs and Group A and B officers had not been absorbed into BSNL, the issue relating to promotion to Group B officers cadre lay within the domain of the department of telecommunications of the Government of India and that the said issue could only be decided by the Tribunal in exercise of its jurisdiction under Section 14 of the Administrative Tribunals Act, 1985. It was also contended that, in considering the claim of the applicants to be promoted to the posts of JTOs in group B cadre and in extending to them the benefit of relaxation of the aggregate marks, the O.M. dated 10.3.2003 issued by BSNL was in respect of the examination conducted by the department of telecommunications in the years 1999 and 2000. According to the respondents - applicants, since the department of telecommunications had conducted the examinations, as promotions were to be effected on the basis of the examination conducted by the department of telecommunications in the years 1999 and 2000 and orders of promotion to the cadre of JTOs Group B were to be issued based on these examinations held earlier by the department of telecommunications, the Tribunal had jurisdiction to consider the issues involved in all the O.As. though they had all been absorbed as Group C employees in the BSNL. The Tribunal agreed with the contentions of the respondents - applicants and held that, since the matter in issue related to consideration for promotion to the category of JT Os (Group B Cadre) on the basis of the examination conducted by the department of telecommunications and as promotions were to be effected by the department of telecommunications in respect of the said cadre, in the event of it holding that the relaxed standards were to be applied even in respect of the examinations conducted in 1999 for the said selection, it had jurisdiction to entertain all the O.As, and to grant the relief sought for.