BHARAT SANCHAR NIGAM LTD Vs. MARDONDOR KHONGWIR

JUDGEMENT

(1.) THE subject matter of challenge is the judgment and order dated 17.02.2010, rendered by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati (for short hereafter referred to as the Tribunal) in Transfer Application No. 26/2009, upholding the respondent's claim for benefits under the Lateral Advancement Scheme (for short hereinafter also referred to as the Scheme) of the Ministry of Communications, Department of Telecommunications, Government of India circulated vide communication No. 5-1/94-TE-II(Pt.), dated 16.05.1995 on and from 01.12.1994 i.e. the date on which she had completed 12 years of regular service in the cadre of Assistant Superintendent Telegraph Traffic (for short also referred to as the ASTT). THE respondent had initially laid the challenge before the Shillong Bench of this Court by way of a writ petition registered as WP(C) No. 268 (SH)/2006, which on transfer was registered as T.A. No.26/2009 before the learned Tribunal.

(2.) WE have heard Ms. U. Das, learned counsel for the petitioners and Mr. M. Chanda Advocate assisted by Ms. U. Dutta, Advocate for the respondents.

(3.) THE above extract would reveal that though eligible for availing the benefit under the scheme following the merger of ASTT and TTS w.e.f. 11.04.1994 on completion of 12 years of regular service in the cadre, no ASTTs/TTS was to be granted lateral promotion even on completion of 12 years or more until all his/her senior JTOs/SDEs were placed in the lateral scale on completion of their 12 years of regular service. It was further stipulated that in the cadre of ASTT on merger with JTO, the Lateral Advancement Scheme would be applicable only after the combined seniority list was approved by the circle concerned.