BHARAT SANCHAR NIGAM LIMITED Vs. PREM CHAND PREMI

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by Bharat Sanchar Nigam Limited (BSNL) and is directed against the judgement of a learned Single Judge of this Court dated 5.10.2007 passed in CWP No. 583 of 2004. The original writ petitioners have also filed Cross Objection in so far as the judgement goes against them.

(2.) BRIEFLY stated the facts of the case are that the original writ petitioners i.e. respondents No.1 and 2 were appointed as Technician in the erstwhile Department of Telecommunication of the Government of India, in the Himachal Telecom Circle on 11.9.1995 and 18.6.1996 respectively. It would be pertinent to mention that on 1st October, 2000 BSNL was incorporated and the services of the writ petitioners alongwith other employees were taken over by the BSNL. The claim of the petitioners basically is that they should be sent for training for the post of Junior Telecom Officer (JTO).

(3.) EARLIER , the service conditions for the post of J.T.O in the B.S.N.L were governed by the statutory rules called Junior Telecom Officers Recruitment Rules, 1996 (hereinafter referred to as ˜the Rules of 1996). Under the Rules of 1996, 50% posts of J.T.Os were to be filled up by way of direct recruitment from open competition and 50% by way of promotion from internal eligible candidates. Out of this internal 50% quota, 15% vacancies were to be filled up by promotion through Departmental Competitive Examination and remaining 35% vacancies were to be filled up through the Screening Qualifying Examination from amongst the eligible departmental candidates. Qua 35% vacancies to be filled up through Screening Qualifying Examination i.e internal promotions quota, the following candidates were eligible: - i) The Phone Inspectors/Auto Exchange Assistants/ Transmission Assistants/Wireless Operators who possess the qualification of degree in Engineering and have completed five years regular service in the Cadre of Phone Inspectors/Auto Exchange Assistants/ Transmission Assistants/Wireless Operators. OR ii) Phone Inspectors/ Auto Exchange Assistants/ Wireless Operators/ Transmission Assistants//Telecom Technical Assistants who possess the High School/Matriculation Qualifications and who have completed six years of regular service.