Dear friends,

Why JTO First Phase- Training again?

Mumbai CAT Court has touched and pronounced on every aspect of our case of Regularization.

And now no one can deny the injustice made to us and this decision will not be reversed in any court unless court case is fixed again like Civil writ petition 5608 of 2007 in the High Court of Punjab & Haryana by DR TTA’s.

If you go through the both positive court orders outcome  is only because we have qualified the Screen Test, successfully completed First Phase Training before appointing as Officiating JTO.

 Because of that only our opposition unions and group of some anti DOT employees officers in the BSNL Mgt. are re-conspiring against us , by introducing JTO-RR 2014 and repeated Phase-I Training.

It is strange to understand, why some of our friends are so actively advocating for accepting the humiliating, unethical and arbitrary First Phase Training for Regularization by stating that it has come after 10 years struggle.

Whereas except the court case filed by our friends Kerala Officiating JTO's, till 2012, no proper legal action was initiated against injustice with us. Now in the year 2015, we have got two similar positive orders from different courts (within two years time period).

Therefore think ten times before accepting the repeated phase-I Training.

Unite and fight for implementation of court orders.

Dear friends,

Our Kolhapur Officiating JTO’s met  Shri. Satej Patil , Kolhapur, Ex- Minister from Congress Party,

After hearing the details of our case  Shri. Patil wrote a letter to Hon’able Shri Kharge Leader of opposition Congress Party to raise our issue in the parliament.

The letter is forwarded to Shri. Arakeri From Karnataka to peruse with Shri. Khargesir.

Dear friends, pl go through the Mumbai CAT Court Order.

Dear friends,

Caveat Application No. 8303 of 2015, is filed in Mumbai High Court on 10^th December 2015, for asking an opportunity of hearing be granted to us in the event of an appeal or Writ petition if and when filed by BSNL against Mumbai CAT court Judgment, before Mumbai High Court.

We express our sincere gratitude to all Officiating JTO’s for sending the signature sheets in large numbers besides the negative propaganda by some of our friends.

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

IN THE HON’BLE HIGH COURT OF JUDICATURE OF BOMBAY AT MUMBAI

ORIGINAL CIVIL JURISDICTION

CAVEAT APPLICATION NO. 8303 OF 2015

Proposed writ petition

1.      PARNERKAR SHIRISH WAMANRAO  )

          Shree Sakshi R. House No.4,                 )

Gandharva Nagari Indira Nagar,            )

Nashik – 422 009.                                    )

2.      PENDHARKAR DILIP SITARAM           )

          Row House No. 4, Lamkhede Mala       )

          Near Tarwala Nagar,                               )

          Dindori Road, Nashik – 422 004.           )

3.      GHUGE BALU DAGAJI                           )

          Bhushan Bunglow,                                   )

          Makhamalabad Road,                                       )

          Nashik – 422 003.                                    )

4.      BHAROTE VILAS BHAIDAS                            )

          3, Kumar Society,                                     )

          Dindori Naka,  Panchavati,                      )

          Nashik – 422 003.                                    )

5.      BHILLARE SURESH NARAYAN           )

          401, Shreeram Darshan C.H.S.              )

          Fitwala Road, Elphinstone Road (W),    )

          Mumbai – 400 013.                                  )

6.      M. MOHAMED GHANI                             )

          FlatNo. 111, Mamta Housing Society,   )

          Dr. Ambedkar Road, M.L.Camp,            )

          Matunga, Mumbai-400 019.                    )..Caveators

                   Versus
1.      BHARAT SANCHAR NIGAM LIMITED  )

          a Government of India Enterprise,                   )

          through its Chairman-cum-                      )

          Managing Director,                                   )

          Bharat Sanchar Bhavan                          )

          Janpath, New Delhi – 110 001.              )

2.      Chief General Manager,                          )

          BSNL, Maharashtra Telecom                 )

          Circle, Santacruz (West),                         )

          Mumbai – 400 054.                                  )..Caveatees

CAVEAT APPLICATION U/S. 148-A OF CODE OF CIVIL PROCEDURE.

The Caveators above named submit this Application of Caveat U/s. 148-A of C.P.C. praying to state as follows:

1.      That the present Caveators of this Application are six among 123 Applicants in the Original Application No. 487 of 2013 filed in the Hon’ble Central Administrative Tribunal, Bombay Bench, Mumbai.

2.      The Caveators are the regular Telecom Technical Assistants officiating as Junior Telecom Officers (JTOs) in Bharat Sanchar Nigam Ltd. (BSNL) working in Maharashtra Telecommunication Circle of BSNL and the Caveatees are their employer.

3.      That since the caveatees in their willful disobedience of the provisions of JTO Recruitment Rule 1996, 1999 directed the Caveatees who had passed screening test in the year 2000 for their promotion as JTOs to appear for JTO promotion examination again by a notification on 12^th March, 2013.

4.      That the Caveatees at Sr.No.1 referred hereinabove promoted about 3500 screening test qualified TTA out of about 6000 qualified TTAs between 2001 and 2007 by diversion of vacant posts meant for Direct Recruitment quota (DR Quota) as Regular JTOs.

5.      That consequent upon the direction of Hon’ble High Court of Punjab and Haryana the Caveatee No.1 rediverted 3500 posts meant for DR Quota.

6.      That the Caveatee on implementation of the direction of the Hon’ble High Court created 3500 supernumerary posts to accommodate those 3500 Regular JTOs promoted and working as JTOs between 2001 and 2007.

7.      That the Caveators submit that though these 3500 TTAs qualified in the Screening Test promoted as Regular JTOs but similarly placed left out 2500 TTAs like the Caveators are discriminated and their   promotion denied violating their fundamental rights granted under Article 14 and 16 of Constitution of India resulting in filing of an Original Application No. 487 of 2013 in Central Administrative Tribunal Bombay Bench, Mumbai.

8.      That the Hon’ble Central Administrative Tribunal Bombay Bench, Mumbai while disposing of the original Application No. 487 of 2013 issued direction to Caveatees on 23/10/2015 to re-assess the vacancy position for the years 2000 – 2001 and accommodate the Caveators for the year 2000-2001 for regular posting as JTO within eight weeks of the date of receipt of copy of Hon’ble Central Administrative Tribunal, Bombay Bench, Mumbai.

9.      That it is respectfully submitted that direction given by the Hon’ble Central Administrative Tribunal, Bombay Bench, Mumbai are legal.

10.    That it is apprehended that Cave tees may prefer an Appeal or a Writ Petition or Application to this Hon’ble High Court, praying therein for interim relief or injunction in the nature of stay, status quo, etc.

11.    That it is therefore, prayed –

(a)     In case the Caveatees filed an Appeal, or Writ Petition or any Application, seeking for any such remedy or relief, before passing orders in the matter, necessary notice on Caveators may kindly be served and an opportunity of hearing be granted to Caveators in the event of such an Appeal or Writ Petition or Application if and when filed or preferred by the Caveators.

(b)     Any other order in the interest of justice be kindly passed.

12.    That the Caveat Application being chargeable with a fixed rate of Court Fee of Rs.50/- (Rupees Fifty only) the said fee is paid herewith.

13.    The Address for the service of all notices, summons and process on the above named Caveators is that of their Counsel Adv. Balasubramanian K, having address at

Sai Krupa,

E-1/49, Artist Village,

Sector – 8, CBD,

Belapur, Navi Mumbai-400614.

14.    That a copy of this Caveat has been sent to the Caveatees by Registered Post with Acknowledgement due to the Caveatees in their above mentioned address.

1.         PARNERKAR SHIRISH WAMANRAO   

2.         PENDHARKAR DILIP SITARAM             

3.         GHUGE BALU DAGAJI                             

4.         BHAROTE VILAS BHAIDAS                    

5.         BHILLARE SURESH NARAYAN                        

6.         M. MOHAMED GHANI                             

                                                CAVEATORS

Mumbai,

Dated :    10^th December, 2015

K. BALASUBRAMANIAN

Advocate for Caveators

Dear friends,

      Pl submit the First reminder representation for Pay fixation under FR-22(1)(a)(i), Two copies through Proper Channel.

And one advanced copy by post to avoid delay.

( Pl fill the date of Officiating JTO promotion at sr. no. 1.)

 

                                                                                                                                                From: ----------------------------------                                                                                                                                                          ----------------------------------                                                                                                                                                                 -----------------------------------

To,

C.M.D. BSNL

New Delhi-

                Subject:  Request for fixation of pay under FR-22 -1(a)(i), parity with Officiating JTO of Kerala                                      Circle. REMINDER NO.-01

                Ref:          Observation of Supreme Court of India in SLP (c) No. 4553/2012, while upholding

                                  Principle Bench decision in O.A. No. 1282/2010.

                Respected Sir,

                With reference to above I submit that,

1)      I am Officiating as JTO with effect from dt.                                           In MHT Circle.

2)      Recently Corporate Office issued order for fixation of pay of Officiating JTO who is members of BSNL Officers Association, who approached Hon’able  Principle Bench of CAT New Delhi.

3)      Since I am not the member of the aforesaid Association I am not being given pay fixation under FR-22 (1)(a)(i). At par with Officiating JTO’s of Kerala Circle.

4)      This connection I wish to draw your attention to the observations made by the Supreme Court of India in SLP © bearing No. 4553, for 2012. As under,

“It goes without saying that in the light of the observations made by the  Tribunal and those made by the High Court if the Rit petition / Corporation before the Kerala High Court are eventually allowed and the Judgment of Ernakulum Bench and the CAT is set aside, any benefit which the pitioner / Corporation may have extended to its employees pursuant to the said judgment can be reverted not only qua those who are parties to the said case but also qua for all such employees as have on the analogy of the said order obtained benefit from the pitioner / Corporation with or without intervention of the CAT or High Court.”

5)      In view of above pronouncement of Honorable Apex Court any benefit which the BSNL may extend to its employees pursuant to the said judgment of CAT Ernakulum can be reversed not only qua those who are parties to such case but also qua all such employees or have on the analogy of the said order obtained benefit of the pay fixation from BSNL with or without intervention of CAT or High Court, therefore I earnestly request you to grant parity in the pay fixation with the Officiating JTO’s of Kerala Circle, under FR-22 (1)(a)(i), without restriction of FR-35.

6)      I also here by undertake to abide by all the terms and Conditions under which the pay fixation is given to all similarly placed Officiating JTO’s  who petitioned for intervention of the CAT, for such fixation of pay.

Thanks you in anticipation of favorable order.

                                                                                                                                Yours faithfully,

                                                                                                                -------------------------------------------------

                                                                                                                -------------------------------------------------

                                                                                                                                                                                                                                                                                                             -------------------------------------------------

Note:  Advance copy forwarded to avoid delay.

Dear friends,

BSNL Management is exploiting and blackmailing the frustrated Officiating JTO’s by imposing First Phase Training for regularization.

To get the stay on repeated phase I training before regularization, we have to file the case in Mumbai CAT court and perjury case in Chandigarh court.

Pl. arrange to send the signature sheets in 10 copies as per the format given in email and on blog, up to coming Sunday 6^th Dec. 2015, Case will be applicable only to the applicants whose signatures are attached to the case.

Let us unite to fight and expose the conspiracy of direct recruits.  

S.NO.	NAME OF THE OFFICIAL	OFFICE ADDRESS	RESIDENTIAL  ADDRESS	AGE	SIGN