The court case for JTO to SDE Promotions pertaining to the operation of AIEL 3 was listed today at serial no 113. The case could not be heard due to scarcity of time. The case now listed for 16th Jan 2024.
The OA filed by applicants in case of reversal issue has been allowed in favour of applicants at Hon’ble CAT Chennai. Congratulations to the applicants following the case. We expect positive verdict from other CAT also.
Team AIGETOA CHQ has been consistently following the case in close coordination with the applicants. This is a big step towards the resolution of the Reversal issue.
Once again we appreciate the relentless efforts of the applicants who despite all odds kept the issue alive.
The court case for JTO to SDE Promotions pertaining to the operation of AIEL 3 was heard today. The Reply of BSNL has been submitted in both the cases. Intervention application of AIGETOA through its office bearer was also heard and Hon’ble Bench has allowed the intervention application of AIGETOA. Now advocate on behalf of AIGETOA can argue on the merits of the case.
The case is posted on 28th November at 2.30 pm for final arguments. We are very sure, the merit will definitely prevail and whatever way the case goes, AIGETOA will ensure that Promotion happens.
Friends, once again, it is AIGETOA only which is taking efforts to end the stalemate in JTO to SDE promotions. Our similar efforts are on for SDE to AGM Promotions also and AGM to DGM Promotions also. Similarly we are very close to breakthrough on 22820 and E2-E3 Court cases also.
This should also act as an eye opener to those who fell prey to the hollow promises and misguidance of their own brothers who just created a narrative against AIGETOA and encashed upon the sentiments of executives due to endless sufferings which has been meted out to several executive groups by virtue of consistent ignorance of the important HR issues by Management. Till date, we are yet to see any move from those torch bearers towards resolution of the issues while time is slowly tickling away. In fact the high decibel voice raised by those torch bearers across various groups has also gone silent. However it’s their choice, how they act or how they respond but AIGETOA is determined to remove all the roadblocks and end the stalemate on all the long pending issues of PPP. We consider ourselves duty bound to answer those 10,000 plus people who have shown their faith in AIGETOA.
We are very sure that with our consistent persuasion and unmatched perseverance, we will definitely succeed.
The arguments in the case of AO to CAO Court Case at Hon’ble CAT Chandigarh Completed Today. Judgement is reserved. Team AIGETOA consisting of Shri Amit Roy, JS North, Shri Vikas Gupta CP Punjab and Shri Yogesh Chhabra, CS Punjab was present in the whole hearing.
Finally, after the herculean efforts of AIGETOA, this long pending case reached finality. Though today also, efforts were made by some groups to delay the hearing. However BSNL advocate’s strong pursuance resulted into final breakthrough. AIGETOA Team hopes for a speedy pronunciation of the judgement which will pave the way for long awaited promotions in the grade of AO to CAO which will open the path for JAO to AO Promotions also
It will be pertinent to mention that only because of efforts and pursuance of AIGETOA, this case reached to this stage else some groups left no stone unturned to delay the process. Very soon we will achieve the breakthrough in other cases also.
Hearing on AO to CAO Promotions was held at Hon’ble Chandigarh CAT today. Strong arguments took place wherein both the sides presented their arguments. Pleading from the applicants side happened and counter arguments were done by BSNL Senior Advocate. The hearing remains inconclusive today and shall continue tomorrow also. Team AIGETOA was present in the court during the whole proceedings.
We extend our thanks to BSNL management for accepting the AIGETOA request for continuing with the same Senior advocate from the Supreme Court who was earlier presenting the case. In the Last Scheduled Hearing, Senior Counsel Late Shri R D Agarwala was also appointed to present the case but due to his sudden demise, the hearing couldn’t happen. Thereafter, the AIGETOA team pursued Management to continue with the Sr Advocate Shri Chauhan who was representing the case earlier. We expect the conclusive arguments tomorrow and a positive breakthrough so that AO to CAO Promotions can take place immediately. This will also result in execution of Similar number of Promotions from JAO to AO grade as per the formula given by AIGETOA to management earlier.
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.
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.
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.