Dear friends,
Memorandum of request is forwarded today.
We may meet Our Chandigarh High Court Advocate on 17th Dec.2015, to finalize the Perjury Case papers at Chandigarh.
Sub: Request Letter for Justice
To, Date 30th 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 2nd 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.
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