Dear friends,
Mumbai CAT has pronounced its judgment in OA
No. 675/2016 on 12.07.2018. We are very thankful to Hon’ble justice Arvind J.
Rohee and R. Vijaykumar. We also express
our sincere thanks to our advocate Shri. K. Balsubrahminium & Adv Shri.
Nikhil Pujari.
Some
of the important observations and directions of the CAT in its judgments are as
follows ( entire judgment copy will be made available shortly )
Observations
and Directions in the order dated 12.07.2018
We have referred above
to the law on the principles of reasonableness including Wednesbury
reasonableness. Given the pattern of
facts described above and how it leads to a promissory estoppal on respondents,
it appears that the respondents have acted in such a manner that no reasonable
person acting reasonably would have made such a decision which was contrary to
all their submissions before the Hon’ble High Court of Punjab and Haryana where
they behaved like cowering mouse.
In view of this position, the following directions are now possible and
would lie within the domain of judicial discretion now available to this
Tribunal and are accordingly given:
(a)
The respondents are directed to pass an
order within two weeks granting promotion and seniority to all the applicants
in the present case including persons who are similarly situated and originally
appointed as officiating JTOs along with
them into the vacancies of 1999 to 2001 by displacing those who have been
promoted and illegally and improperly adjusted against those vacancies to the
disadvantage including for seniority of the applicants and similarly situated
persons.
(b)
Any displacement by virtue of revocation of
officiating arrangement as JTO shall be restored ex-ante along with whatever
salary and allowances that were paid immediately prior to such reduction to
their substantive post.
(c)
With regard to the indignity and harassment
faced by the applicants and the unnecessary litigation that has been brought
out by the injudicious and unfair actions of the respondents, the
following directions shall also be given
:
(1)
Since the General Manager (HR) ,
O/o CGMT, Maharashtra Circle
acted on behalf of and under the instructions of Chairman & Managing
Director, BSNL, a personal penalty of Rs . 25,000/-
per applicant shall be paid by the Chairman & Managing
Director, BSNL within a period of two
weeks from the date of passing of these orders ;
(2)
It was the duty of the CGMT and General
Manager (HR) , o/o CGMT, Maharashtra Circle to bring to the
notice of their superiors that the views communicated by the Corporate Office
are not in accordance with the directions of this Tribunal and were not meeting
the need for judicious consideration. As
senior officers, it was necessary for them to apply their collective minds to
the issue which is why they are paid high salaries and appointed to high
positions. In the circumstances, a
personal penalty of Rs . 5000/- shall be
paid jointly and severally to each of the present applicants within two weeks
from the date of receipt of this order.
(3)
For acting unethically in respect of a
solemn agreement arrived at with the Unions and despite the submissions made on
behalf of the Corporate Office before the Hon’ble High Court of Punjab &
Haryana, the respondent BSNL has
grievously erred in the manner in which this case has been processed. Therefore,
a penalty of Rs . 1,00,000/- shall be payable by the respondent BSNL to
the Maharashtra State Legal Services Authority along with all legal costs
incurred by the applicants in this matter including full pay as on duty and
travel allowances to all those applicants who took permission for attending the
proceedings before this court.
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Dear friends be united against injustice.
S. W. Parnerkar
Maharashtra Circle, Nashik.
