In the year 1999, the govt. brought in the ACP Scheme. The object and intention of the legislature
in providing ACP scheme was with the sole and only substantive objective of: ‘Safety Net’ to deal with the problem of genuine stagnation and hardship faced by
the employees due to lack of adequate promotional avenue. JTOs/SDEs
who in 1999 had completed 24 years of service from their appointment as JTOs were
denied the scale of of Rs.8000-275-13500.
Frustration began to creep in many SDEs who
had put in long services. Slowly Juniors started getting more than seniors, anomaly
cases started creeping in and DoT/BSNL was blind to just aspirations of seniors in the Telecom wing. In
due course, JEs Civil, who had completed 24 years of service since recruitment
got EE scale while SDEs , who were earlier drawing more than their Civil
counterparts, were still languishing in SDE scale even after 24 years of
service.
In the initial years
of formation of BSNL , TES Gr 'B' unions initiated proposals for relief to SDEs
, who had been stagnating for years together for lack of promotional avenues.
It was suggested that, as a one time relief, SDEs would be placed in the Sr. SDE
grade through Cadre Review Concept by reducing the eligibility criteria from 12
years to 5 years (as approved by Telecom Commission in 1994). This proposal for
placement in the existing scheme of Sr. SDE promotion appears to have been
approved by Department of Telecom and discussed in the Group of Ministers
before the process of absorption of Group B officers was initiated. The same
appears to have been approved by the Cabinet in September, 1999 and was
subsequently remitted to BSNL as the BSNL came into existence by that time.
Hon’ble Minister (Communications & IT),appears to have conveyed to the
unions that BSNL has agreed to the proposal, in principle.
BSNL , vide letter no. 12-14/2002-TE.I dated 21.06.2002 addressed to all
Heads of Telecom Circles appeared to convey that the proposal for up-gradation
of certain posts of SDEs to the scale of Rs. 8000-13500 on matching saving
basis has been considered by the Management Committee of BSNL Board. The
proposal was to be taken up when the salary and perks of Gr. B Officers
are fixed in the IDA pay scales after their absorption in BSNL. The
committee did not touch the issue of one time placement in the Sr. SDE Scale
for stagnating SDEs.
BSNL continued to show the carrot in the form of such a proposal and when the major chunk of the TES Gr'B' officers got absorbed in April 2004, it rescinded its earlier proposals and instead set up a High Level Committee of BSNL officers to submit its recommendations on Executives’ Promotion Policy in BSNL.
Subsequently , to review the BSNL Executives’ Promotion Policy, a Committee headed by
Shri Y. S. Bhave, the then Additional Secretary (T), DoT was constituted. Shri
Y.Bhave did give a look at the issue but did not give any
firm directions for one time placement of SDEs with long standing service to
the Sr.SDE grade. The committee gave the carrot of “SDEs to Sr. SDEs” back to BSNL and asked
it to decide whether it was going to give the carrot for eating or not. It can
be surmised that it was just a bait for absorption. Point to
point fixation with no weightage for past service rendered or pay protection led
to SDEs getting an IDA scale basic which was less than the IDA scale equivalent
to the CDA scale basic which they were drawing at the time of absorption in in
2004.
Seeing a
ray of hope in CAT judgements in ACP related cases, in the year 2006, 16 working SDEs who were recruited as ES/JTOs in 1972 & 1973 (belonging to Tamil
Nadu Circle/Southern Telecom Region/Southern Telecom Projects and Chennai
Telephones) filed TWO different WRIT PETITIONS WP. No.
25197/2006 and WP. No. 31398/2006 respectively in Madras High Court as there
was no separate CAT in Madras at that time. After the filing, the case did not
come for regular hearing for quite long time.
The prayer of
the WPs was for directing the DOT/BSNL
to implement the ACP (Assured Career
Progression For The Central Government Civilian Employees) scheme, 1999 and
extending the 2nd financial upgradation benefits after 24 years of
service from the date of entry in the department as JTO, since the ACP Scheme
was better than the existing Lateral Advancement Scheme and was more beneficial.
The crux
of the argument was that ACP scheme was extended to one wing of DoT viz. the
JEs in Civil and Electrical Wing while
being denied to the JEs/JTOs of the Telecom wing and this was discrimination.
In the meantime, the Central
Administrative Tribunal (CAT), Chennai was revived and the above two cases were
transferred to CAT through TA. No. 11/2010 and TA. No.12/2010 . CAT Chennai
gave a judgment in favour of the employees on 1st August 2012 with the operative
part reading as
“Therefore, the contention
of the respondents that the J.T.Os Telecom (Civil) and (Electrical) Wing are
governed by separate service rules is not a convincing reason for denying the
benefit under the ACP Scheme to the applicants and hence the orders of the
respondents denying the benefit of the ACP is liable to be set aside.
Accordingly the impugned order No.AST/DE/ACP/Misc/4 dated 2.3.2006 is set
aside. The respondents are directed to consider the case of the applicants for
extending the benefits under ACP Scheme and to grant them the benefit of ACP as
extended to the similarly placed employees of JTO (Civil) and JTO (Electrical)
Wing if they are otherwise eligible under the scheme within a period of two
months from the date of receipt of a copy of this order.”
In the meantime, since there was no response from
BSNL/DoT to the representations from the SDEs praying for implementation of the
CAT order for grant of ACP, contempt petitions were filed in the CAT. The
administration file two writs in the High Court, Madras viz WP 25694/2013 and
WP 27114/2013 seeking quashing of the CAT Order. The High
Court did not quash the CAT order but stayed the CAT judgment and so the contempt
petitions became infructuous.
“Accordingly, we direct
the Department authorities to consider the request of the contesting
respondents seeking the benefits under ACP scheme, exercising it’s discretion
if such scheme would be beneficial to the interest of the employees, in the
light of the what we have observed above keeping in mind clause 5.1 and 13 of
the office Memorandum dated 9.8.1999. Such exercise to be taken within a period
of eight weeks from the date of receipt of a copy of this order.”
A harmonious reading of the High Court order and the elaborate length it had dwelt on the use of discretion would safely lead to conclude that the court
felt that discretion has not be used in a fair and equitable manner in the case
of directly recruited JTO Telecoms and
has dwelt at length to stress this point, quoting Apex Court rulings. The Court
Judgment says in no unclear terms that the “Administrative Ministry of the
department concerned shall take into consideration the object of the ACP Scheme
and take a decision for and on behalf
of the employees.
It is for the
department to take into consideration the interest of the employees and decide
as to whether the ACP scheme would be beneficial to them, keeping in mind their
larger interest and exercise the discretion fairly and bonafide. A harmonious
reading of orders of the High Court, Madras would show that it was in fact, EMPHATICALLY, placing the onus of
extending the benefit to the respondents on the administration and the administration
was to use its discretion fairly and bonafide and give the benefits of the ACP
Scheme to the respondents if it was beneficial to the employees.
Based on the above High Court Order, the JTOs
submitted a representation by enclosing a copy of the High Court Order and
requested to implement the ACP scheme and extend the financial benefits.
In the meantime DOT/BSNL, had filed
WMP No. 19377/2016 and WMP No. 19378/2016 in the Madras High Court in June 2016
seeking time extension of 3 months for considering the High Court Order and extend
the ACP benefits.
Even before these came for hearing, authorities in BSNL issued identical Speaking Orders denying grant of ACP to the respondents.
Even before these came for hearing, authorities in BSNL issued identical Speaking Orders denying grant of ACP to the respondents.
The Speaking Orders clearly mentioned that that the LAS scheme as well as the ACP
scheme envisages two financial upgradations after completion of 12 & 24th
year of service and therefore the ACP Scheme is in no way more beneficial to
the Lateral Advancement scheme which was introduced in the year 1990.
This was erroneous. So the applicants have filed fresh OA's O.A.1246/2017 to OA 1255/2016 in CAT Chennai with the prayer
(a)
To set aside the Speaking Order issued and consequently
(b) direct the respondents to grant the
financial Upgradation under the ACP scheme upon completion of 24 years of
service from the date of entry as JTO and
(c) revise the pay of the Applicant on the date
of absorption in BSNL W.e.f 01.10.2000 by fitting him in the Corresponding IDA
scale of pay with all arrears and consequential benefits of promotions, pay
fixation, grant of revised pension and other retirement benefits with arrears
and
(d)
pass such further or other orders as this
Honorable tribunal may deem fit and
proper and thus render Justice.
The above mentioned Original Applications came before the Deputy Registrar, CAT, Chennai on 25/10/2017 and same was adjourned to 20/02/2018.
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