Dear friends,

Memorandum of request is forwarded today.

We may meet Our Chandigarh High Court Advocate on 17^th Dec.2015, to finalize the Perjury Case papers at Chandigarh.

Sub: Request Letter for Justice

To,                                                                                                       Date 30^th Nov. 2015.

Shri Narendra Modiji,

Hon’bale Prime Minister of India,

New Delhi-01.

            Respected Sir,

            Being aggrieved by the BSNL Administration inaction in honoring the commitment made at the time of our absorption in BSNL that, those who qualified in earlier Examination shall rank senior to those who are recruited later in the BSNL and therefore submitting this representation to bring to your notice, how systematically the BSNL Administration killed our case of JTO Promotion from TTA, qualified in earlier Screen Test conducted in the year 2000.

            We are Telecom Technical Assistants who passed Departmental Screening Test in the Year April 2000, conducted by DOT. As per the JTO RR-1996, for the promotion of JTO issued under Article 309  of  Constitution by the orders of honorable President of India.

JTO Recruitment Rules 1999- issued on 31/08/1999, First Para of the Rules clearly states “In supersession of JTO RR-1996,  EXCEPT IN RESPECT OF THINGS DONE OR OMMITED TO BE DONE BEFORE SUCH SUPERSESSIONTHESE RULES ARE MODIFIED”.

            JTO RR-2001 was ISSUED ON 26/09/2001 by BSNL Board after formation of BSNL. The Colum no.12, of JTO RR-2001, which stipulates for 35% promotion Ltd. Dptl. Competitive Exam from amongst following Group C employees below 50 years of Age on the date of Exam. From employees of Eng. Wing namely PI, RSA, WO, AEA, TTA, SR.TOA who possessing qualification & experience of 10 years service in Group C ,Cadre.

            In the year 2001 BSNL Board took a decision to absorb all Screen Test qualified TTA’s @ 500 Persons per year by diversion of the Posts from DR quota as per clause 7 of Recruitment Rules 1996 and also  as per practice prevailing in DOT in absorbing earlier Screen Test qualified PI, RSA, WO, AEA, TTA,  in the post for JTO. As per BSNL Board decision @ of 500 Screen Test qualified TTA’s are promoted up to yr. 2007 totaling 3500 TTA’s.

            In this background in the year 2007 Civil Writ Petition no 5608 of 2007 was field before the Honorable High Court of Punjab & Haryana by 8 TTA’s who are recruited by BSNL and posted as TTA in the year 2002, as per BSNL TTA RR. To show that they are eligible for promotion under the prevailing rules but deprived of that by our promotion against diverted posts of JTO from Direct Recruitment Quota.

 In the said case the petitioners field false information about their qualifications and service experience as 15 to 20 years before the Punjab & Haryana High Court.

By submitting this false information claimed that, by not conducting Departmental Exam. & Direct Recruitment they were aggrieved and wanted the diversion of posts for DR quota to the Departmental promotion quota for TTA’s who passed the Screen Test is to be stopped.

The CGMT Haryana who submitted the written statement in the Civil Writ Petition no. 5608 of 2007, behalf of BSNL deliberately and willfully failed to bring on record before the Honorable High Court that the claim by 8 applicants about their experience put in the Department is false. It is believed that the officers of CGMT Haryana are beneficiaries of the huge funds collected by these group ( and their association SNATTA) who filed the case and therefore the Administration willfully and deliberately not brought the true position of their actual experience and qualification in the Group C cadre of BSNL before the Honorable  High Court.

In the year 2007 for appearing in the Departmental Comp. Exam against 35% quota, they should have had 10 Years experience in the post of TTA & hence they cannot claim any relief since they did not have the minimum required qualification to appear in the said Exam at all. All these and many other facts were deliberately suppressed in the written statement field by Shri. S.K. Bharadwaj  A.G.M. o/o CGMT Haryana.

            Again after the judgment in the Civil writ petition 5608 the council for BSNL opined that this is a fit case for filing SLP in Supreme Court & Review Petition before Honorable  High Court of Punjab & Haryana but the Corporate Office did not wait the Review Petition deliberately, and simultaneously after the judgment restraining the further Diversion of JTO posts from DR Quota and issued promotion orders by Diversion of Direct Recruitment Quota, and there by facilitated the group of  TTA’s  & their Association SNATTA to file Contempt petition against BSNL.

At the time of when the Review petition was to be field the BSNL Authorities were busy in ensuring how to prevent the personal appearance of Shri. Kuldeep  Goyal the then CMD BSNL before the Honorable  High Court of Punjab & Haryana, in the contempt case by paying huge money to the lawyer. And further to avoid contempt of Court, decided to implement the court order in spite of the BSNL council opined to file SLP in Supreme Court & Review petition before the Honorable High Court of Punjab & Haryana.

                        Even though as per the Terms & Conditions of Absorption, circulated vide BSNL/IV/SR/200. Dated 2^nd Jan. 2001 Para 11 states,

“The group C&D employees who appear for any promotional examination whether direct or departmental and qualify in such examinations./ Outsiders coming through direct recruitment process, would rank junior to all other employees in the promotional cadre who had already been qualified in the earlier examination even though they get absorbed in BSNL subsequently”.

           

            All the TTA’s who passed Ltd. Competitive Exam in the year 2013 are junior to us in every criteria, but the BSNL authorities are trying to make all of them senior to us probably all these TTA  have contributed to the suspected under hand dealings to manage  these illegal activities through their Association SNATTA.

  The 3500 JTO’s promoted earlier against Diversion of Direct Recruitment Quota are allowed to continue as JTO by creation of Supernumerary Posts after the court order keeping them in services senior to the 2002 TTA’s recruited and passed JTO Examination in 2013. However the BSNL Administration deliberately did not decide, the fate of remaining 2500 TTA’s who qualified the same JTO Promotion Examination in the year 2000.

           

            With the help of RTI Act 2005 & Through Punjab & Haryana High Court we have collected around 600 pages actual and factual information about the case. (CPIO & First Appellate Authority of CGMT BSNL Haryana refused to provide the information under RTI Act for more than two years, in that period suspected JTO promotion LICE were hurriedly conducted in which every appeared employee has passed and promoted. And only after the three online hearings before honorable Chief Information Commissioner BSNL authorities unwillingly supplied the information sought). Going through the information received it is clearly visible that, The  Punjab & Haryana High Court is misused as tool to stop the promotion process of officiating JTO’s by applicants & Respondent jointly.

                       

            In the circumstances explained above kindly get the whole matter investigated and take suitable action against the concerned officers for their misdeed abusing their delegated powers for extraneous reasons and justice done to the Officiating JTO’s who are Qualified in JTO Promotion Exam in the Year 2000, Successfully Completed JTO Phase-I Training in the year 2004-2005, and contentiously working as JTO with full responsibilities of the posts for more than 10 years and obliged.

          Thanking You,                                                    

                                                                                      Yours faithfully

                                                                                     

                                                                                   S.W.PARNERKAR

                                                                                      Coordinator,

                                                                         Forum of Officiating JTO’s BSNL

                                                     Add: 4, Shreesakshi Row Houses, Indira Nagar,

                                                    Nashik-422009.  Maharashtra.  Mo.9423969789.

Enclo: 1) Copy of Civil writ Petition no. 5608 of 2007 field by 8 TTA’s of                                  Haryana Circle.

            2) Written statement field by Shri. S.K.Bharadwaj  AGM o/o CGMT                     Haryana in Civil writ petition No.5608 of 2007 on behalf of respondent.

            3) Additional affidavit field by Shri. S.K.Bharadwaj  AGM o/o CGMT                 Haryana & Shri. Kuldeep Goyal CMD BSNL in contempt of Court Case.

             4) Copies of Note sheets of BSNL Corporate Office & CGMT Haryana                           office, received under RTI Application from both the offices.

             5) Letter from G.S. AIBSNLEA officers Association demanding an                                  enquiry in suspected act of CGMT Haryana office, dtd. 07/04/2012.

Copy to: 1) Hon’bale Telecommunication Minister of India, New Delhi.

                  2) Hon’bale Vigilance Commissioner of India, New Delhi.

                  3) Hon’bale C.M.D. BSNL New Delhi.

                  4) General Secretary AIBSNLEA / BBOA / BTEU, New Delhi.

Dear friends,

The papers related to petition No 5608 of 2007 and Contempt of Court case of 2008 in the High Court of Punjab & Haryana, along with the rough draft for perjury case, prepared by Mumbai CAT Advocate is sent to our Chandigarh Advocate. He will prepare the final perjury case to be filed in High Court of Punjab & Haryana shortly against applicants and respondent authorities of BSNL.

Daer, friends,

The copy of Representation is as follow, pl send it Through proper channel & one advance copy by post to avoid delay in transit.

To,

The CMD. BSNL

New Delhi

(Through Proper Channel)

                Subject: Regularization of Screening Test qualified officiating JTOs.

                Ref.      : JTO RR-2014.

Respected sir,

                We are extremely grateful to you for your intention and decision to regularize the Screening Test qualified officiating JTOs as regular JTO.

                Now we understand that BSNL is contemplating to send us for JTO First Phase training as per note 6 of schedule to JTO RR-2014.

                The pre condition as per note 6 of schedule to JTO RR-2014, for undergoing JTO First Phase training is “Screen Test qualified officiating JTOs on regularization have to undergo Phase I training as per new scheme and syllabus issued in 2009”.

The Implied pre condition is that, we should be regularized as JTO first and then only sent for first phase training as per JTO RR-2014.

                However, it is understood that, in Andhra Pradesh & Rajasthan Circle without complying with the instruction contained in the note-6 to the schedule of the JTO RR-2014 referred there in above, are directed to undergo Phase- I Training which in violation of  RR itself.

                I wish to point out that the observation made that by Hon’able Supreme Court in the case of Commissioner of Police, Bombay Vs. Gordhandas [ AIR 1952 SC 16 ] that “public order made by public Authority meant to have public effect and intended to affect the acting’s and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself. BSNL  being public authorities, cannot play fast and loose with the powers vested in them, and persons to whose detriment orders are made are entitled to know with the exactness and precision what they are expected to do or forbear from doing and exactly what authority is making the order.”.                There for BSNL Authorities are required to regularize the Screen Test qualified, JTOs as regular JTOs , before ordering them  to undergo JTO Phase-I training  as per JTO RR-2014.

                Looking forward for the kind order of regularization of the undersigned as regular JTO, before ordering me to undergo first phase training as per JTO RR-2014.

                Thanking you,

                                                                                                                                Yours faithfully,

Copy to CGM T Maharashtra Circle, Mumbai

Advanced copy forwarded to CMD BSNL & CGMT MHT BSNL to avoid delay in transit.

Dear friends,

      We had a meeting with our Advocate on 21^st Nov.2015 at Mumbai, and discussed about the Mumbai CAT court order,

JTO RR-2014 and proposed repeat JTO Phase-I training.

As per Advocate's opinion,

We should file caveat in Mumbai High court for hearing of our view before ordering on any appeal filed by BSNL against Mumbai CAT court order, in our case. The caveat will be filed in next week.

The Note-6 of Schedule of JTO RR-2014, states that “screen test qualified officiating JTO’s on regularization, have to undergo Phase I training”.  And to imply with the pre condition that, we should be regularized as JTO first and then only sent for first phase training.

There for we are going to submit representation to CMD BSNL, through proper channel and one advance copy directly by post to avoid delay in transit.

The copy of representation will be sent by email and will be put on the blog tomorrow. 

After sending the representation, we may file case in Mumbai CAT against imposition of repeat first phase training and for protection of seniority, if required and at appropriate time.

All officiating JTO’s are requested to send the representation at the earliest.

Dear friends,

Mumbai CAT court in its order clearly states that,

The respondents themselves directing the applicants to officiate in the posts of JTO after they had qualified in the Screen Test and after undertaking first phase training, they have been officiating in the said post of JTO for more than ten years, for rendering substantial justice, the respondent are required to take judicious decision to decide the fate of these applicants who may be left out after exhausting 35% quota posts for the year1999. And directing the respondents to re-asses the vacancy position in the respect of 35& quota for the year 2000-2001 and accommodate these applicants against those vacancies for the year 2000-2001 for the regular posting as JTO within eight weeks from the date of receipt of a copy of this order.

On this background provisions of JTO RR 2014 are arbitrary.

Decision to impose First Phase Training again seems to be circumventing court judgment which would be brought to the notice of the court at appropriate time.

We appeal all officiating JTO’s to send representation against the provisions of JTO RR-2014, to CMD BSNL and register our protest before honorable CMD BSNL.(copy is available on the blog) We hope for positive correct actions from the Management to avoid further litigation in the matter.

Instead of ABG Consultants Advocate of Mumbai, we decided to get the services of the Chandigarh High court Advocate for proposed Perjury case against the applicants of Civil writ petition No 5608 of 2007 in the High Court of Punjab & Haryana.

We had preliminary telephonic talks with Advocate, he advised to send the relevant documents and rough draft prepared by Mumbai CAT Advocate who will also assist the Chandigarh Advocate during the proceedings of the case. Battle against our junior colleagues seems to be unavoidable.

Dear friends,

Wish you very happy Dipawali & Prosperous New Year.

S.W.PARNERKAR.

Dear friends,

One day Seminar of Officiating JTO’s was successfully conducted at Nashik on 7^th Nov. 2015. Large number of Officiating JTO’s all over Maharashtra, Goa and representatives from other circle,

Shri R. Adamji, Tamilanadu,

Shri. B. A. Rao from Gujrat Circle,

Shri. Dhokale From M. P. Circle,

Shri. Arakeri & Shri. Azamji from Karnatak Corcle.

Shri. L.M. Shinde Circle Secretary BTEU MHT Circle.

Shri. A.S. Patil District Secretary FNTO Nashik  particaipated in the Seminar.

During the meeting,

We in detail discussed on the Mumbai CAT court judgment (copy of the Judgment received on 6^th Nov. 2015 from the court), and follow-up action for implementation of the court order.

We also discussed on the unethical and illegal provisions in the New JTO RR-2014 and,

On the advice from the Advocate regarding proposed further legal activities.

Finally seminar concluded with the decision to,

First submit memorandum of request to,

Honorable President of India,

Honorable Prime Minister of India,

Honorable Telecommunication Minister &

Honorable Vigilance Commissioner of India, stating the factual information with all available evidences and the copies of judgments of Chennai High Court & Mumbai CAT Court.

To file the perjury case against fraudulent act of applicants DR TTA’s & the representatives of the respondents by providing misleading information to the High Court of Chandigarh in the Civil Write petition 5608 of 2007.

To peruse the case against order of Chief Information Commissioner for non imposition of penalty against , CPIO CGMT Haryana &  CGMT Haryana & First appellate Authority, for not providing available information under RTI application for more than two years.

We appeal all officiating JTO’s to strengthen the unity, and express our sincere thanks for participation.

          Agitation for justice

FORUM OF OFFICIATING JTO

MAHARASHTRA CRICLE

INVITATION

Cordially invites you for……

                      ONE DAY SEMINAR

Date:  SATARSYDAY 07/11 /2015    Time 11:00 A.M.  

Venue -    SEETA BHAVAN SHANI CHOUK,                  PANCHAVATI, NASIK-3 .

All officiating JTO’S are requested to participate…

                           

Shri. PARNERKAR S. W.

MAHARASTR CRICLE CORDINATOR.

9423969789. 

Dear friends,

We had a meeting with our Advocate on 28^th Oct. 2015, and discussed about the provisions of JTO RR-2014 on the background of Mumbai CAT Court & Chennai High Court decision.

Advocate advised that,

We should first submit memorandum of request to,

 Honorable President of India,

Honorable Prime Minister of India,

Honorable Telecommunication Minister &

Honorable Vigilance Commissioner of India, stating the factual information with all available evidences and the copies of judgments of Chennai High Court & Mumbai CAT Court, before filing case against the unethical & illegal provisions of JTO RR- 2014, fevering to  BSNL recruited TTA’s, and request them for intervention and an order of inquiry in the matter of suspected corruption in the JTO Promotion scandal operated by BSNL recruited TTA’s, their association SNATTA & CGMT Haryana.

He also suggested for filing case against the order of Chief Information Commissioner for non imposition of penalty against Shri kamal Kumar, CPIO CGMT Haryana & Shri.G.K. Upadhyay CGMT Haryana & First appellate Authority for not providing available information under RTI application for more than two & half years. During this time the suspected JTO Promotion Exam of LICE 2013 was conducted in which almost every appeared employee was passed and promoted.

We are going to arrange the meeting of all Officiating JTO’s MHT Circle at Nashik on 7^th or 8^th Nov. 2015. Final date will be intimated shortly.

We appeal to all Officiating JTO’s to strengthen our unity to get the Mumbai CAT judgment order implemented in good spirit and defeat the unethical and illegal provisions in the New JTO RR-2014.