Dear Friends,
As you are aware two cases have been filed by Team AIGETOA to defend the one increment in promotion which could not be extended due to delay in promotions. Though one case was dismissed but the other case was kept running by AIGETOA. In January 2023, though Hon’ble PCAT gave a favorable order but the typed order copy couldn’t capture the exact direction due to some clerical mistakes. Team AIGETOA again filed a correction Petition which was allowed by Hon’ble PCAT and corrected orders were issued with a direction to the registry to correct the original orders. The same was duly issued with a positive direction in favour of applicants as below:
“If similarly placed persons of earlier batch have already been granted the benefits as claimed, the respondents should consider the case of applicants also.“
As per the mandate of aforesaid order of Hon’ble Tribunal, the claim of applicants belonging to Team AIGETOA was required to be considered for grant of one increment as given to other similar batches promoted on the basis of LDCE to the post of SDE (T).
However BSNL rejected the claim of the applicants vide order dated 09.05.2023 by referring to the judgment of Hon’ble Supreme Court dated 12.08.2014 & 02.04.2019 in Civil Appeal No. 14967/2017 filed by Vinod Verma Vs. BSNL.
The order passed by Hon’ble Tribunal on 18.01.2023 as modified / clarified subsequently in OA No. 3500/2016 attained finality for want of challenge, therefore the same was required to be implemented in true letter and spirit.
Still BSNL Issued a wrongful speaking order in contravention and overriding the PCAT orders.
Accordingly, today our advocate has served a legal notice today, the dated 6th September 2023 to BSNL for correction of the speaking orders issued in May 2023 failing which BSNL is liable to face a contempt action.
Further necessary legal action to get it uniformly implemented for all executives has already been taken by AIGETOA.
Friends, this is how Team AIGETOA works. If we wanted, we could have gained some advantage in terms of membership by announcing this correction during the Membership Change Window. But we waited for the orders to attain finality. Now when the orders attained finality, we have taken up with BSNL to ensure one increment in Promotion for those who have missed it.
Click here for the Original Orders
Click here for the Correction issued by Hon’ble PCAT
Click Here for the wrongful speaking orders issued by BSNL