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The matter came up before the Bench on On the next date of hearing on In the meanwhile, MA No. Notices had been issued in that MA by the Bench on On At this stage, we may note here that though we are noting in the cause-title of this order the effect of that M.

They could have been added as opposite party respondents to the case, if their prayer for impleadment had been allowed, but applicants could not have been added to a case, and the OA No.

When the Bench had for the first time considered the issuance of notice on Sureshkumar vs. Bharat Sanchar Nigam Limited had been brought to the notice of the Bench, and it was submitted that through this O. It was further submitted that the dispute in that case before the Madras Bench also was with regard to insistence on the part of respondents that officiating JTOs would have to appear at LICE to become regular, and hence there is no question of keeping any JTO vacancy reserved for them.

OA No. It was submitted that since the LICE was scheduled to be held on The Coordinate Bench had that day noted that in view of the fact that large number of JTOs posts are vacant, which have to be filled up, it was directed that respondents will not fill up as many vacancies as OA No. Thereafter, on After many adjournments had been sought on various dates, the MA No. It was submitted on behalf of these Miscellaneous Applicants that they want to file an affidavit from the original applicants of the O.

Therefore the applicants, on whose behalf MA No. Thereafter the case was heard and reserved for orders. For arriving at our conclusions, we need to describe the genesis of the lis before us, and the history of the previous connected cases. Provided further that they are not above the age of 40 years on the crucial date. Note: They shall have to undergo a simple medical test to ensure that they are physically fit and mentally alert to perform the duties expected of a Junior Telecom Officer.

Note: No candidate other than these belonging to Scheduled Castes and Scheduled Tribes Communities shall be granted more than four chance to appear in the competitive examination. Officers may be allowed one more chance as a special case.

The restriction in respect of number of chances is not applicable to members of Sch. Tribes communities. However, soon thereafter, many events intervened, leading to the filing of numerous cases, as well as the present O. After some other events, to which we shall revert soon, the most cataclysmic event took place on The Department of Telecommunications, which was earlier mandated to provide telecom services all over the country within the Government sector, created a new and entirely autonomous corporate entity for carrying out its the then tasks, under the Companies Act, , and thus the Respondent No.

As correctly mentioned in Para 4. All the Gazetted Group B, and non-Gazetted staff were given option of being absorbed in BSNLs employment in the corresponding service cadres created back to back in the newly created Corporation.

The Department of Telecommunications of the Union of India was left with only the responsibility of policy decisions in regard to the Telecommunication Industry in India.

Through Notification dated Through the Schedule of these RRs, vacancies of JTOs which were created and advertised up to the year by the Department of Telecommunications were taken into account, and in the Column, Method of Recruitment etc. This was a charge from the previous prescription contained in the RRs notified by the Telecommunication Department. After discussion, the Board decided to approve the training the subsequent recruitment as JTOs of all the TTAs who have qualified in the screening test but cannot be sent for training due to non-availability of vacancies in the Departmental Quota.

This would be done posts per year by diversion from Direct Recruit. The guidelines for select of the TTAs to be sent each year for training would be finalized and issued by the Personnel Cell. Further confusion in this whole process was created by the letter dated Accordingly, the following orders were issued Dated 21st October after such candidates given an undertaking that they will have no claim for local officiating co regular promotion as JTO after this training.

The officials of this training pool in any Circle may be considered for local officiating promotion against vacant JTO posts. For this, the Heads of Circle will be competent to give purely local officiating promotion for a period upto days. On local officiating promotion, the official will be liable to be OA No. The official of the select Panel will be impugned four weeks field training and thereafter will be appointed as regular JTOs as per the standing instructions.

Emphasis supplied. Bharat Sanchar Nigam Limited and another. In that, unfortunately the change in legal status brought about on Creation of supernumerary posts, may be done as per the Circle wise break up of posts diverted vide above referred letters, as a special measure, to adjust those officials who have already been promoted against the above said diverted OA No. These supernumerary posts will be kept as a separate group and will not be a part of the regular sanctioned strength of JTOs.

In case any such diverted post so filled up by promoting Departmental Quota Candidate has fallen vacant due to superannuation, promotion etc.

We have already mentioned above that the impleadment application MA No. The members of that applicant Association, and applicant No.

Through this MA, which had been allowed by a Coordinate Bench, the following orders and judgments of other Benches of this Tribunal had also been brought on record Michael and Ors.

Ramasundaram and another vs. The respondents filed their counter reply on It was submitted that although the applicants had passed the screening test while they were working under the Government, they cannot raise their grievance from the same now in the year , and the OA was liable to be dismissed on this ground alone.

While it was not denied that the Respondent No. It was further submitted that even though some of them had passed the screening test earlier, while they were Government servants, and have even been officiating for the post of JTOs in BSNL also, but the Rules do not permit such applicants to be absorbed by the respondents BSNL as JTOs only, even after their absorption as the Corporations employees.

However, after come into existence of the BSNL, it framed its own RRs for JTOs recruitment, substituting the earlier Rules framed by the DoT under the Government, by which the composition of vacancies in the respective promotional avenues came to be changed, as has been reproduced by us above.

The attempt of the applicants of the present OA to try to do the same was, therefore, decried, and it was submitted that only on account of the applicants, who had earlier qualified in the screening test conducted by the DoT when they were all Government servants , or were even officiating against the said posts of JTOs, does not confer upon them any OA No. They had, therefore, justified the Notification issued for conducting the LDCE, and had prayed that the applicants are not entitled to either any final relief as prayed for in this O.

As Annexure-A to the counter reply, the respondents had filed a copy of the order in C. They had also filed copies of the judgment dated Sreenivasa Reddy v.

The impleadment petitioners had themselves, along with the impleadment petition, filed a copy of the judgment of High Court of Kerala at Ernakulam in V. Bharat Sanchar Nigam Limited supra , in which the Kerala High Court had also considered the same issue, arising from the Writ Petition filed there against the orders dated We have given our anxious consideration to all the pleadings made and arguments advanced before us.

We have also gone through OA No. We beg to disagree with all these orders and judgments, for the simple reason that all of them are sub-silentio, as they have all failed to take into account the fact that from the Department of Telecommunication of the Union of India, first the Corporation called Mahanagar Telephone Nigam Limited MTNL, in short had been created, and then another Corporation, covering the telephone operations in the rest of India except Mumbai and Delhi, had been created under the name of BSNL, which Corporation came into being w.

We are, rather, bound by the law as laid down by our jurisdictional High Court, the Delhi High Court. The matter and the facts regarding transfer of the assets and liabilities of the Department of Telecom Services and Department of Telecom Operations of the Ministry of Telecommunications of the Govt. This batch of writ petitions are directed against the orders dated Pursuant to its decision to set up a Public Sector Corporation viz.

MTNL from 1. It was further directed that till the terms and conditions of service in MTNL were decided and options were called from the concerned Officers of Department of Telecommunications DoT , the posts which at that time were manned by the existing Officers of DoT would continue to be manned by them, with DoT service conditions continuing to apply to them. The staff working on deputation with MTNL was to have an option for permanent absorption in the company, once the terms and conditions in this regard were finalized.

On setting up of another Public Sector Corporation viz. The assets and liabilities of the aforesaid departments were also transferred to BSNL by a separate order. The following interim arrangements were, inter alia, made vide the aforesaid order dated The officers and staff presently working in these posts will continue to work, until further orders, in their existing posts under DoT and all other officers and staff will stand transferred along with their posts on existing terms and conditions, on as is where is basis, on deemed deputation without deputation allowance w.

Their pay scales, salaries and allowances will continue to be governed by existing rules, regulations and orders. The main issue which arises for our consideration in this case is as to whether the respondents were entitled, in law, to notify 1.

Chandiok learned Additional Solicitor General representing Union of India and its Departments, to the extent it is relevant, reads as under: A.

It can hardly be disputed that while interpreting a statutory Rule, the Court is required as far as is possible, to give a meaningful effect to all the provisions contained in that Rule and it would not be appropriate to interpret one Rule in isolation, without taking into consideration the intent and purport of other Rules. The attempt of the Court therefore has to be to give effect to all these conditions, while interpreting the Rule.

It is true that Sub-Rule 1 empowers the Government to notify a date from which the absorption of the Government servants transferred en masse to a Public Sector Undertaking or an Autonomous Body, has to become effective. Had there been no other Sub-Rule in Rule A or had there been nothing in other Sub-Rules of Rule A which would negate the interpretation suggested by the learned Additional Solicitor General, it could be possible for the respondents to contend that the Government in its wisdom having notified 1.

However, the provisions contained in W. We are in agreement with the learned Senior Counsel for the petitioners that the expressions absorption and permanent absorption have been used interchangeably in various Sub-Rules of Rule A and the scheme contained in the said Rule does not envisage two absorptions i.

In fact even the Circular dated Clauses i and ii of the OM refer to absorption, Clause iii provides that the effective date of absorption will be of 26 1. There was a prescribed proforma for exercise of option by the Government servants concerned.

The Sub-Heading given on the proforma speaks of absorption whereas Clauses ii and iii refer to permanent absorption. At this stage we would also like to refer to Clause v of the OM dated Once a Government servant is absorbed in a PSU, he cannot be governed by the Rules applicable to Government servants and it is the rules and regulations of the PSU concerned which shall apply to him.

If the PSU concerned needs time to frame its own rules and regulations, nothing prevents it from adopting such of the rules applicable to the Government servants as are deemed appropriate by it for its employees. Even though the Delhi High Court has in the above case very rightly taken the correct position of law into consideration that as on



This recruitment of Junior Telecom officer is generally done through an examination, which is usually held in the last week of June. As regards the eligibility is concerned, only Indian Nationals are eligible to apply for the post of JTO. Candidates, who are in the final year, are also eligible to submit an application provided they have the required educational qualification on or before 31st December of the examination year. As already mentioned, candidates are selected through an All-India based competitive Examination.



View letter. View the letter. On the other hand, cost savings have been achieved due to better Electricity Board Supply availability, and resulting into saving of Fuel Diesel expense. The contribution is purely voluntary and those employees who do not wish to contribute may intimate their unwillingness to the respective DDOs in writing before

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