OA 3124/2009. Case: 1. BSN Group 'A' Executive Associations, New Delhi, Through its General Secretary, Saurabh Tyagi, 2. Saurabh Tyagi, D.G.M. (EW-QC), B.S.N.L., New Delhi Vs 1. Union of India, Through the Secretary, Ministry of Communication and Information Technology, Department of Telecommunication, New Delhi, 2. Secretary, Department of Personnel and Training, Government of India, New Delhi, 3. Secretary, Department of Public Sector Enterprises, Government of India, New Delhi, 4. Secretary (Expenditure), Ministry of Finance, North Block, New Delhi, 5. Chairman, Union Public Service Commission, New Delhi, 6. Chairman and Managing Director, Bharat Sanchar Nigam Limited, New Delhi. Central Administrative Tribunal
| Case Number | OA 3124/2009 |
| Counsel | Sanjay Kumar Tyagi, Rattan Lal, Rahul Arora, Veena Tuteja |
| Judges | V. K. Bali (Chairman) & L. K. Joshi (Vice Chairman) |
| Issue | Service Law |
| Judgement Date | June 01, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
L. K. Joshi (Vice Chairman), (Principal Bench New Delhi)
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The Applicants represented through the BSNL Group 'A' Executive Association and one more person, Shri Saurabh Tyagi, Deputy General Manager, Bharat Sanchar Nigam Limited (BSNL) are assailing the Office Memorandum dated 24.09.2009, which reads thus:
Subject: - Appointment of officers of Indian P & T Accounts and Finance Service Gr. 'A' in BSNL/MTNL on deemed deputation basis-Reg.
The undersigned is directed to refer to the subject cited above and to say that the competent authority has approved the appointment of SAG officers of Indian P & T Accounts and Finance Service Gr. 'A' in BSNL/MTNL on deemed deputation basis. SAG officers who are willing to be posted in BSNL/ MTNL on deemed deputation basis are requested to send their willingness alongwith the choice of station to the undersigned within a week positively. It is, however, informed that the posting would be subject to the requirements of BSNL/MTNL, vacancy position existing at a particular station and at the discretion of the competent authority.
The following relief has been sought by the Applicants:
a) Quash the impugned letter/decision dated 24.9.2009 issued by the Department of Telecom. in respect the appointment of the Indian P & T Accounts and Finance Service Group A in BSNL/MTNL on the basis of deemed deputation; and
(b) direct the respondent No.1 to declare that the absorption process is complete which inter-alia includes to issue further directions to:
i) direct respondents No.1 & 3 to repatriate the non-optees working in BSNL forthwith;
ii) restrain the respondents No.1 to 3 from making any further posting of officials on deemed deputation to BSNL;
iii) directed respondents No. 1 & 5 directed not to grant any promotion to Government officers against the posts/vacancies in BSNL.
iv) direct the respondents No.2 & 4 to identify the posts justified in the Department of Telecom. As per SIU norms and to revert the posts diverted from BSNL back to BSNL.
OR
c) In the alternative cancel the Presidential Orders issued so far as they pertain to the members of the applicant Association and re-start the process of absorption of Group A officers afresh.
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The facts of the case giving rise to the controversy have been delineated in the following paragraphs. The Applicant BSNL Group 'A' Executive Association comprises Group 'A' officers of different services, namely, Indian Posts and Telecom Accounts and Finance Service, P & T Building Works Service (Civil, Architectural and Electrical Disciplines) Group 'A', General Civil Services (GCS) of Telecom Factories Organisation and Indian Telecommunication Service Group 'A' (who have opted for absorption in BSNL), initially recruited by the Union Government and now absorbed in BSNL.
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When BSNL was incorporated on 1st October 2000, the employees of the Department of Telecommunication were transferred to the BSNL. They were kept initially on 'deemed deputation' in BSNL, without payment of any deputation allowance. At the time of incorporation of the BSNL, a new Section, namely, Section 37-A came to be incorporated in the Central Civil Services (Pension) Rules, 1972, which was about the payment of pension on absorption consequent upon conversion of a Government department into a Central Autonomous Body or a Public Sector Undertaking. The said Rule has been extracted below:
37-A
(1).................
(2) Central Government shall allow the transferred Government Servant an option to revert back to the Government or to seek permanent absorption in Public Sector Undertaking or autonomous body as the case may be.
(3) The option referred to in sub-section (2) shall be exercised by every transferred government servant in such a manner and within such period as may be specified by the government.
(7)................
(8)................
(9) The employee who opts to revert to government service shall be redeployed through the surplus cell of the government.
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By an Office Memorandum dated 24.03.2005 options were called from the Group 'A' officers in BSNL, which, inter alia, stated as follows:
"9. Options once exercised shall be final and will not be allowed to be withdrawn by the concerned officer at a later stage.
"10. The officers not exercising any option as prescribed will be deemed to have opted for Government Service. No conditional option shall be accepted and any such offer shall be treated as if the officer has not exercised his option for absorption in MTNL/BSNL." (emphasis added.)
The terms and conditions of service which were offered by the Office Memorandum dated 24th March 2005 were further clarified/modified by communications dated 17th May 2005, 31st May 2005, 2nd June 2005, 28th August 2005, 30th August 2005 and 24th September 2005. Finally, consolidated and revised guidelines were issued on 04.10.2005. On 18.10.2005 all the...
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