Original Application No. 101 of 2009 and Transfer Application No. 112 of 2008. Case: 1. Babu V., S/o. K. Vasudevan Junior Accountant and K.V. Jayakumar, S/o. K. Kunjuraman Junior Accountant, 2. S. Manoharan Junior Accountant Office of CGMT, BSNL and Ors. Vs 1. Bharat Sanchar Nigam Limited represented by its Chairman and Managing Director, Assistant Director General (SEA) Bharat Sanchar Nigam Limited, Chief General Manager BSNL and Union of India (UOI) represented by its Secretary Ministry of Communication and Information Technology Department of Telecommunications, 2. Chief General Manager BSNL and Ors.. Central Administrative Tribunal

Case NumberOriginal Application No. 101 of 2009 and Transfer Application No. 112 of 2008
JudgesP.R. Raman (J) and K. George Joseph (A), Members
IssueService Law
Judgement DateAugust 17, 2011
CourtCentral Administrative Tribunal

Order:

K. George Joseph, Member (A), (Ernakulam Bench)

  1. Writ Petition (C) No. 22203/2008 is transferred from the Hon'ble High Court of Kerala to this Tribunal and has been numbered as TA 112/2008. O.A. No. 101/2009 being identical to it, both are heard together and are disposed of by this common order. For the sake of convenience, O.A. No. 101/09 is taken up for consideration.

  2. The applicants who were Junior Accountants (JA) in the Telecom Department were absorbed in the Bharat Sanchar Nigam Limited (BSNL) with effect from 03.10.2001 on existing terms and conditions of service in the Telecom Department till service rules are framed by the BSNL after discussion with the recognised union. They are eligible to be promoted as Senior Accountant as per the existing rules (Annexure A-8), i.e., Assistant (Accounts)/Junior Accountant/Senior Accountant Recruitment Rules, 2002 (Recruitment Rules, 2002, for short) published by the BSNL on 26.06.2002. As per Annexure A-12 order (in O.A. No. 101/2009) issued by the Assistant Director General (SEA), BSNL, New Delhi, dated 18.05.2004, the cadres of Junior/Senior Accountant in the BSNL were declared as a wasting cadres with immediate effect. No. recruitment is to be made to these cadres and all the posts of Junior/Senior Accountants stood abolished as and when the same are vacated by the incumbents on account of retirement/promotions/ resignation etc. As the applicants' representations did not yield any positive result, Writ Petition (C) No. 31417/2004 was filed in the Hon'ble High Court of Kerala against the rejection of the applicants' request for promotion as Senior Accountant. In the counter affidavit filed by the Respondents in Writ Petition No. 31417/2004, it was stated that their intention in issuing Annexure A-12 order was to merge isolated cadres with limited scope and duties with the main cadre after due restructuring. Thereafter, the said Writ Petition was transferred to this Tribunal and numbered as TA 29/2008. It was allowed to be withdrawn with liberty to file a fresh O.A, which is filed now as O.A. No. 101/2009. In this O.A., the applicants have mainly prayed for the following relief's:

    (i) To declare Annexure A-12 order dated 18.05.2004 as ultra vires, unconstitutional and void;

    (ii)To call for the records leading to Annexure A-12 and A-15 and to quash the same;

    (iii)To direct the Respondents to take immediate steps to promote the applicants one and 2 to the cadre of Senior Accountant...

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