Dear friends,
Caveat Application No. 8303 of 2015, is filed in Mumbai High Court on 10th 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 17th 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 )
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 12th 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 : 10th December, 2015
K. BALASUBRAMANIAN
Advocate for Caveators
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