BHARAT SANCHAR NIGAM LIMITED Vs. CHAMAN SINGH

JUDGEMENT

(1.) THE present appeal has been filed against the judgment dated 6.11.2008 passed in CWP No. 958 of 2007, titled as Chaman Singh vs. Bharat Sanchar Nigam Limited and others, whereby the learned Single Judge has allowed the writ petition filed by the respondent herein. Facts are not much in dispute. On 1.10.1993 appellants issued a communication conveying its decision that officiating chance may be given retrospectively with effect from 1.5.1993 for the purpose of filling up the posts of Senior Telecom Office Assistant (Sr. TOA) against the sanctioned posts in the cadre.

(2.) ACCORDINGLY , vide memo dated 23.6.1994 respondent was promoted purely on temporary and ad hoc basis to the said post. Significantly, at the time when the aforesaid policy decision was taken, the Recruitment and Promotion Rules were in existence. Subsequently after respondent successfully discharged his duties as a Senior TOA on ad hoc basis he was promoted on regular basis on 23.6.1994 on the basis of his seniority. This was so done by taking into account various factors, including the fact that similarly situated persons, namely, Shri Hira Singh, Shri Hoshiar Singh and Shri Bhumi Ram, were also given promotion.

(3.) LEARNED Single Judge in terms of impugned judgment has quashed this action of the appellants.