LAWS(JHAR)-2009-3-88

SHIVA MOHAN JHA Vs. BHARAT SANCHAR NIGAM

Decided On March 26, 2009
Shiva Mohan Jha Appellant
V/S
Bharat Sanchar Nigam Respondents

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) LEARNED counsel for the petitioner would explain by reference to the Office Memorandum No. 400 -61/2004.Pers.1/308 dated 18.1.2007 that the office memorandum lays down Rules regarding grant of time bound promotion/post based promotional policy for group B officers of the BSNL. Under the policy, the eligibility criteria has been elaborately stated in clause 3 which indicates that the first upgradation of the IDA Scale of the Executives will be due for consideration on completion of 4 years of service in the current IDA scale subject to the condition that the executives basic pay in the current IDA scale has crossed/touched the lowest of the higher IDA scale for which his/her upgradation is to be considered or he/she has completed six years of service in the current IDA scale, whichever is earlier. Similarly, for the subsequent upgradtion to the next higher IDA scale, eligibility was fixed as 5 years service in the current ID scale.

(3.) CONSIDERING the aforesaid facts and circumstances, the respondents are directed to implement the policy as laid down in the aforesaid office memorandum of the respondent BSNL dated 18.1.2007 and to consider the petitioners case in respect of his claim for grant of first upgradation in accordance with the criteria laid down in the aforesaid memorandum and to record their decision on the petitioners claim by recording a reasoned and speaking order and shall communicate the same effectively to the petitioner within two months from the date of this order.