Contempt case at Hon CAT Ernakulam regarding JTO to SDE promotion on 15.06.2018 --- The contempt petition filed by AIGETOA activists against CMD/BSNL and GM(Pers) on the final AIEL published on 14.06.2018 and the JTO to SDE promotion on 15.06.2018 came up for hearing on 18.07.2018 and completed the arguments.

The main arguments from petitioner side were:

1. The court order was to give promotions in the ratio 1:1 which BSNL did not followed:

Sr Lawyer appearing for BSNL strongly opposed this argument. BSNL pleaded that 1:1 ratio is suggested by Hon High Court for giving provisional promotion prior to the finalization of AIEL. BSNL finalised and notified the final AIEL as per Hon HC order on 14.06.2018 and regular promotion orders were issued on 15.06.2018 based on the circulated AIEL. The AIEL is prepared rect year wise, based on trg centre marks. For the remaining cases after 2000, BSNL is collecting the date of appointment details from the field units. Thereafter suitable action will be taken. So BSNL complied with the court order fully, BSNL pleaded. Hon Court very much convinced on this arguments.

2. There is excess promotion prior to 2000 rect also.

Sr Lawyer strongly opposed this argument and made very clear to the Hon court that there is no excess promotion from 1995 to 1999 rect years. The excess promotion is from 2001 to 2007 years and their seniority will be fixed later on as per Hon HC order. For the years 1995 to 1999, in some cases the JTOs were joined after 2000 as the LICE for 15% quota was held later. The result and trg also taken place later which resulted delayed date of joining. However they are all recruited for 1995 to 1999 rect years for which they are eligible. Remaining cases are either SC/ST candidates for whom relaxation in marks was given later on or in some cases, rect year was allotted as per various court orders.  The details of such cases are getting collected from the Circles.

After completion of arguments, the contempt petition is listed for orders and will be posted after one month.

The outcome of the court cases from 2010 to 2018 (from CAT Chennai and subsequently at Ernakulam) is that about 3000 JTOs eligible for promotion are retired since 2012 without getting promotion (the provisional AIEL was prepared in 2012 for the JTO to SDE promotion) and the promotion is delayed for years together (by 2 to 6 years) for all the eligible JTOs. If court cases was not there, almost all the JTOs upto 2008 could have been promoted well before through SCF or LDCE for the vacancies upto 2017-18, including the applicants in the case. The youngsters lost their precious service for future promotions. Still promotions from 1999 rect year onwards are pending as BSNL could not finalise the AIEL due to the mess created by the Court order.

Finally who benefitted by this court cases for the last 8 years? 

E2, E3 pay scales replacing the intermediary pay scales of E1A and E2A w.e.f 01.01.2007 for JTO/JAO equivalent cadres.

Com K Sebastin, GS/SNEA and Com V K Tomar, SG/NCOA met Shri Agrim Kaushal, Advisor/ DPE and Director/DPE on 18.07.2018 and held discussions regarding the DoT reference to DPE on E2 and E3 pay scales. Earlier Secretary/DPE directed us to meet the Advisor/DPE in this regard. We explained the background of the issue. BSNL recommended E2 and E3 pay scales replacing the intermediary pay scales of E1A and E2A, w.e.f 01.01.2007. Ignoring BSNL recommendation, DoT approved E1 and E2 scales by lowering the pay scales from E1A to E1 and E2A to E2.

DoT is of the view that E1 and E2 are the pay scales applicable for BSNL direct rects from 2001 onwards and E1A and E2A are special dispensation for those got absorbed from DoT into BSNL for facilitating smooth absorption. The decline in revenue and the recurring losses was the other reason for lowering the pay scales.

BSNL did not implemented the Presidential Order and requested DoT to reconsider the decision and approve E2 and E3 pay scales as recommended by BSNL. It is also informed to DoT that E1 and E2 pay scales are not recommended by BSNL. As per the affordability clause, BSNL made Rs 4451 Crores as PBT during 2007-08 and hence eligible for full pay revision benefits of 2nd PRC.

We demanded that suitable direction should be given to DoT to review the decision and notify the pay scales based on:

1) BSNL recommendation,

2) considering the affordability clause for the year 2007-08 and 

3) not allow DoT to lower the pay scales and downgrade the cadres.

The representation from SNEA is received by DPE. However the reference from DoT is yet to be received by DPE, it is informed.

Our demand for revised pay scales E2 and E3 will be applicable for all the JTO/JAOs recruited from 2007 onwards, including those recruited in the provisional pay scale of E1 and the future recruits. 

AGS met GM Pers and requested for release of the left out cases of Promotions from SDE (T) to AGM(T). It was informed that approval of the promotion orders for around 120 SDEs given and orders will be issued by tomorrow.

View Corporate Office Orders:
SDEs tenure transfer order reg.
SDE Inter circle transfer order reg.
SDE Civil  transfer and posting order reg.
Proforma promotion in the grade of SDE reg.
DE Inter circle transfer order reg.

GS writes to CMD/BSNL regarding Pay parity of Rs 22820/ for the post-2007 recruited JTO/JAOs. Requested to take a sympathetic view on the matter to extend 22820/- as initial basic pay as this pay loss is going to be multiplied manifold after implementation of the 3rd PRC. It can be processed separately so that the financial losses being faced by the Executives recruited post 2007 can be compensated.

GS writes to CMD/BSNL regarding Integration of all HR activities like promotions, recruitment, transfer and posting etc under one HR unit – the recent promotions and the anomalies created by it without considering the huge stagnation/backlog in different wings of the same company necessitated the HR integration without further delay.

GS, President and AGS held discussions with GM(Pers) on 12.07.2018, in continuation of the discussion held on 11.07.2018 on the demand for complete parity in promotions in all the equivalent cadres in different wings. The parity in promotions is a policy matter approved by BSNL Board on 28.05.2018, so our demand is fully justified, GS told. Management cannot discriminate the cadres in the matter of promotions in the name of upgradation of posts. Because of management decision, some Assns are making malpropaganda that SNEA is against the promotion of some cadres. In fact SNEA demanded promotion for all the cadres, waiting for promotions for more years along with their juniors. In other words, we cannot accept the logic that JTOs of 1994 to 2010 SRD batch becomes junior to JAOs of 2012 batch who got promotion on 29.06.2018.  Similarly SDEs in various wings promoted in 1998 onwards cannot become juniors to others. It is for the management to find the solution to ensure that all are getting promotions simultaneously, SNEA told.

On CAO promotion, we requested to issue the promotion orders for the AOs upto 2005 batch as there is no hurdle in issuing promotion orders for them and vacancies are available. Except SDE(T) cadre (total about 6000, SCF about 4000) and few hundred CAO posts, all the vacancies in other cadres already filled up by 30.06.2018, GM informed. The upgradation was given to AO and DE cadre under compulsory situation to come out of the court cases. Further upgradation of posts in various cadres is not agreed by management so far. We requested to get the approval for all the proposals for upgradation.

The requirement of upgradation of posts for bringing parity in promotions among various wings in equivalent cadres also discussed in detail along with the status of promotions in different cadres.

SDE to DE promotion orders will be issued tomorrow as some minor changes required in the approved list.

Competent authority approved the promotion orders from SDE to DE for 83 SDEs from list 8 and 26 SDEs from list 5, 6 & 7. Promotion orders are expected shortly.

The contempt petition and the prayer for stay on SDE to DE promotions come up for hearing today. BSNL lawyer explained the Hon SC interim order and DoPT order which allowed reservation in promotions and how BSNL has given promotions based on the interim order. After arguments, Hon CAT declined to stay the promotions and permission granted to BSNL to file a detailed affidavit on the contempt petition. The case posted to August, 2018. BSNL deputed Jt GM(Pers) to Chandigarh to coordinate the matter and explain how BSNL given the promotions to the Hon CAT, if required.

GM(Pers) invited SNEA for further discussions on our demand for parity in promotions. GS, President and Jt Sec participated in the meeting. Jt GM(Pers) was also available.

On parity, GM(Pers) exactly want to know the details. We categorically told that JAO 2012 batch is already promoted by creating 1400 additional AO posts by upgradation by abolishing about 1800 JAO posts. Similarly all JTO(T/C/E/TF/Arch/) and equivalent cadres also should be given promotions. Similarly 1999 rect JAO promoted in 2009 as AO is proposed to be promoted as CAO by upgradation of posts. Since AO vacancies are not available JAO posts are upgrading to CAO posts. Similarly SDE(T/C/E/TF/Arch) and equivalent cadres also should be given promotions by upgradation of posts. There is no issue for promoting around 400 AOs of 2003 and 2005 batch as vacancy is there but management is not doing that. The earlier decision for upgradation of JAO posts to AO posts and SDE posts to DE posts done to overcome the court cases. Management is not taken any decision so far to create CAO posts as proposed. If that happens, other cases also will be considered. Now around 6000 SDE vacancies are their of which 4000 is for SCF promotion for which work is going on. But the method of fixation of inter-se-seniority issue has to be addressed first, GM(P) informed. For that, views of the cadre controlling authority, Estt section is sought. We demanded the approval of the proposal for upgradation to CAO posts as well as upgradation to AGM/EE equivalent posts in other streams at the earliest to bring parity. GM is of the opinion that strict parity may not be possible always. We categorically told that this is applicable when post based promotions are given in Govt depts. BSNL is a CPSU and in CPSUs post based promotion concept is not there. In CPSUs, the grades are linked with the pay scales, not with the posts. In Govt set up, grades are linked with the posts. While approving the CPSU cadre Hierarchy, the principle of Parity or Uniform promotional avenues for all the equivalent cadres in different wings already approved by BSNL Board. So management has no other option, it has to bring parity in promotions by any means, we demanded. GM Pers assured bring these facts to the notice of DIR(HR) for further action. We informed GM(Pers) that time is running out and the Executives are very much agitated over the discrimination and humiliation. While we are very much grateful to the management for promoting about 12000 Executives in record time, the present situation does not allow us to celebrate it.

Some malpropaganda is going on in the social media in the name of SEWA BSNL that SNEA is opposing SC/ST reservation. If the news is spread by the knowledge of SEWA leadership, SNEA condemn that. SNEA always stood for the welfare of the SC/ST comrades and for their rights, not just by circulating speculations in the social media, but by action. However we did not endorse the activities of SEWA leaders to the extent of threatening management for getting promotion to some of their top leaders in the name of roster. This we had seen in 2010 when GS of another Assn making all types of objections in SDE to DE promotions till his name gets included in the list by extending the list by few hundreds. If the method of applying roster in SDE to DE promotion is wrong, then why they did not made the same demand for JTO to SDE promotion in SCF and LDCE quota? Why such demand not raised in earlier promotions, till date? If the SDE roster is not correct according to them, why they kept silent so far? SNEA CHQ is fully involved from the day one for the smooth conduction of the DPC by facilitating it by arranging VC, missing assessment reports, other particulars etc. Last one week we are dedicated for the missing cases mainly from list 8 where the SC/ST comrades are involved. All our CSs are in regular touch with the CHQ on hourly basis for the missing cases reported. We are not seen any activists from other Assns for facilitating the DPC except some people reaching the DPC / Pers section in the evening to collect the information and order copy. Now the DPC is conducted and everything is clear for another 83 SDEs of list 8 belongs to SC/ST and 26 from list 5, 6 & 7 and awaiting the approval of DIR (HR).