BHARAT SANCHAR NIGAM LTD Vs. S. K. KOUL

JUDGEMENT

(1.) THE instant writ petition preferred by Bharat Sanchar Nigam Limited is directed against order dated 09.10.2001 rendered by the Central Administrative Tribunal, Chandigarh Bench (Camp at Jammu) (for brevity the Tribunal ') holding that once the recruitment year of the original applicantrespondents has been changed from 1989 to 1987 then they would be entitled to notional fixation of pay with effect from the date of their appointment to the cadre of Junior Engineers/Junior Telecom Officers (JTOs). The operative part of the directions issued by the Tribunal are discernible from para 7 of the judgment which reads thus:-

(2.) IN order to decide the controversy it would be necessary to make a brief reference to the facts. The applicant-respondents filed OA no. 826/JK-98 before the Tribunal ascertaining that before becoming Junior Telecom Officers (JTOs) they were selected as Junior Engineers against 10% qualifying quota of the vacancies in the qualifying examination held in May, 1995. They also claimed that the Department of Telecom-Union of India vide order dated 30.03.1987 had ordered that all future recruitment was to be made only to the cadre of Junior Telecom Officers (JTOs) and that all incumbents were, accordingly absorbed in the cadre of JTOs instead of that of the Junior Engineers. The post of JTOs was to be filled up from the existing incumbents and others in the cadre of Junior Engineers in the following order:-

(3.) THE applicant took objection before the Tribunal that the original applicant-respondents could not be considered for any benefit as they had not undergone pre appointment training prior to the year 1989. According to the petitioner, the conditions was clearly mentioned in order dated 31.10.1997 that the preappointment training is one of the pre-requisite condition in order to become eligible for appointment. The original applicants being not eligible were not entitled to any financial benefits.