The impleadment application filed by Team AIGETOA for vacation of stay on operation of Seniority List of LICE JTOs for RY 2012 pertaining to AIEL 3 came up for hearing today on 19th September 2023. The Notice has been issued to petitioners for their response within a week. The next date of Hearing is 03.10.2023.
We expect a positive result on the next date of Hearing.
On 8th Sept 2023, AIGETOA filed an OA for restoration of seniority of Competitive-Quota (List-12 & List-13) at Hon’ble CAT Kolkata. As the present seniority List 9 to List-13 was prepared by BSNL in non-compliance of DoPT OM dated 13.08.2021 which protects the seniority of Competitive/Direct Recruit quota as per Rota/Quota Rule as defined in DoPT OM dated 07/02/1986 and 03.07.1986. The OA has been admitted.
AIGETOA is committed for struggle at all levels and protecting the due rights of all executives in BSNL. Further this is also to mention that all the relief sought by our members in earlier OA on similar issue at Hon’ble CAT Kolkata has also been taken care.
Details follow.
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
Team AIGETOA filed the petition at Hon’ble CAT Ernakulam for resolving the JE period Payloss and after hearing on 18th Aug 2023 now the case is posted on to 9th Oct 2023. Hon’ble Court directed the respondents to submit reply before 8-10-2023.The Payloss happened due to the wage negotiation agreement happened during 2nd PRC related wage settlement where the scales from NE-9 onwards fixed with only one increment. The huge Payloss happened to the LICE batches due to this should have been addressed meticulously.
Friends, there is a huge difference in actual working for the benefit of the cadre and pseudo heroism. Some corners have filed one case without addressing the crux matter and using this for political gains. AIGETOA doesn’t believe in such gimmicks. We are sure of winning the case filed by Team AIGETOA for resolution of JE period Payloss for our colleagues and fulfill expectations of salary increase for them.
We extend our acknowledgement to the payloss legal committee under the direct guidance of AIGETOA CHQ team for the efforts made in this regard.
Perseverance and conviction for achieving the goal Pays and AIGETOA Team today once again proved it.
Congratulations !!! AIGETOA Pay Loss Case for 22820 Admitted in Hon’ble High Court Delhi on Merits.
The Pay Loss Case 4119/2018 was dismissed by Hon’ble PCAT in March 2023 on technical grounds without going into the merit of the case. The legal team of AIGETOA thereafter decided to challenge the PCAT order in the Hon’ble High Court Delhi. The Writ of Mandamus with Diary no. 1071261/2023 has been registered as W.P.(C) 10564/2023 CM APPL 41019/2023, CM APPL 41020/2023. The Case was heard in detail today i.e 10.08.2023. The arguments were held for almost half an hour wherein our Senior Advocate along with his team of 4 advocates presented the case on behalf of Team AIGETOA. Hon’ble High Court was convinced on the arguments of our counsel and allowed the writ for further arguments. The notice to the other respondents was issued by the court. Hon’ble court also directed our lawyer to file written submission with regard to our averments and arguments. The Case is slated to be heard on 6th November 2023.
Friends, lot many questions have been raised by our fellow colleagues with respect to the efforts and non-submission of committee report by AIGETOA. We wish to inform that for positive submission of the committee report, the conducive situation is a pre-requisite. That was the only reason that AIGETOA has been working with patience on the matter and not like others who got the case killed and dumped forever.
Some people who considered themselves to be the best advocates gone to the extent of challenging and laughing on our team that the writ filed by AIGETOA Team will be dismissed and thrown on the very first instance. They also ridiculed the legal team of AIGETOA who mostly were the sufferers only. But the fact was that after getting a setback at Hon’ble PCAT, the legal team of AIGETOA under the guidance of GS Ravi Shil Verma sat together, introspected the whole scenario and made necessary corrections in the writ and changed the course of action. Our Team worked on the issue for almost three months meticulously without making any hue and cry. We were silently working on the case without raising any hue or cry or without countering the attacks from the sister associations. We believe in only one thing that at the end result matters. We are happy to inform that finally our efforts have paid, we have been able to overcome the setback of Hon’ble PCAT and finally Hon’ble High Court admitted the case in our favor.
It will be pertinent to mention that the biggest hurdle in any case at Hon’ble High court is at admission stage itself and unless the merit of the case is visible, the case is dismissed at admission stage itself.
We are happy to announce that now that the case is admitted in our favor, we are very sure of getting the verdict in favor of our fellow brothers and sisters.
In today’s hearing, CHQ team was represented by Shri Veerabhadra Rao, All India President, Shri Pavan Akhand, Dy GS and Shri Vivek Kumar Singh, AGS-II.
Today hearing couldn’t happened in CAT Chandigarh due to non- availability of Double bench. Next date will be 4th September 2023.
AIGETOA is closely monitoring this case and will to take all out efforts for resolution of the case.
Today, Standard Pay Scale Case at Hon’ble CAT Chandigarh was listed for hearing. But due to some busy schedule of Hon’ble Judge who is also handling Jammu CAT cases through VC, case did not came up for hearing. At present there is only one double bench available. As per info received soon another double bench will join, then case hearing will definitely speed up.
AIGETOA Team was present in CAT as always. Beside Punjab Team, Sh Sunil Gautam AGS CHQ, Sh Manish Anand DS East CTD, Sh Smurti Ranjan Sahoo DS North CTD was there to pursue since morning.
Initially, next date was given as 11.10.2023 but on sincere pursuance by AIGETOA team it was preponed on dated 05.09.2023.
We expect hearing to take place on next date. Have faith and support us in our endeavors.
The case was listed for hearing at CAT Chandigarh S No. 32. Hearing couldn’t take place as listened till S No 25 only. AIGETOA team was present in the court for the hearing. Initially the case was being posted much later in July, however after strong pursuance of the team, it was preponed to a short date citing the reason of pendency of the case for last 5 years. The next date of hearing is 25th May 2023.
It’s a great pleasure for AIGETOA to inform you all that, Now all EPF/EPS enrolled Employees can exercise their joint option under para 11(3) and 11(4)of EPS -1995 for full pension in the online link.
EPFO made the changes as per verdict of Hon. High Court of Kerala Judgment on Saheer S V Union Of India WPC (C) 8979/2023, and AIGETOA the recognised executive association (through WPC 11554/2023) to modify the online mechanism pertain to 26(6) approval with in 10 days from the order else collect the of physical options. Accordingly EPFO now modified earlier mandatory field of approval of 26(6) made as non mandatory, so that all interested eligible EPS-1995 enrolled persons can submit their option successfully.
It is a pride moment for AIGETOA and employees in BSNL that, we the employees of BSNL made it possible to overcome the hindrance created by EPFO.
AIGETOA soon will be calling General Meeting for all to explain the modalities for submission and till then all are advised to get ready EPF option documents/dates and don’t Submit the option and may just Save the same in the option link if needed.
We thank entire AIEGTOA Kerala Team for Favorable decision in EPF Higher Pension Case. AIGETOA as representative association of BSNL is direct party in the case vide connected matter 11554/2023. Hence these landmark order which will pave the way for opting higher pension in EPF for all BSNL Recruits. The order is applicable to all the BSNL employees.
