M SHANTI Vs. BHARAT SANCHAR NIGAM LID

JUDGEMENT

(1.) A common question arises for consideration in all these writ petitions. Hence, they are disposed of through a common order.

(2.) THE petitioners are working as stenographers in A. P. Circle of Bharat sanchar Nigam Limited. All of them have been initially working in other Circles, but were transferred to A. P. Circle on various dates. The post superior to that of stenographer is the Personal Assistant. The appointment to that post is made on the basis of performance of the candidates in the written test (Part-A) and skill test (Part-B ). While 50% of the vacancies of that post are earmarked exclusively for the category of Stenographers in the Circle, the balance are for the other categories of the employees in the Circle.

(3.) THE third respondent issued a notification, dated 17. 5. 2007, proposing to conduct the written test for the post of personal Assistants. On the basis of the relevant rules, it was mentioned that the stenographers with five years of regular service in the Grade as on 1. 7. 2007 will be permitted to appear in the test. This was preceded by clarification, dated 2. 8. 2007, wherein it was mentioned that the cut-off date for calculating the vacancies would be 1. 1. 2004 and the cut-off date of deciding the eligibility with reference to five years regular service would be 1. 1. 2006. Another clarification was about the computation of service of the candidates, who were transferred from other Circles under Rule 38 of Pandt Manual, Volume-IV. It was mentioned that the regular service must be in the new Circle to which the candidates are transferred and that the service rendered by them in other Circles cannot be reckoned. The petitioners feel aggrieved by the action of the respondents in stipulating the dates as mentioned above with reference to the determination of their eligibility. They contend that though an employee may forego his seniority when he is transferred to another Circle on request, he cannot be denied the benefit of the past service in the context of reckoning the eligibility. It is also stated that the clarification given vide proceedings, dated 2. 8. 2007, is opposed to the Recruitment Rules of Personal Assistants in the Field Units of B. S. N. L. , published in february, 2004 (for short 'the Recruitment Rules' ).