Update on JTO to SDE Court Case at CAT Chandigarh :

Update on AO to CAO Court Case Hearing held at Chandigarh on 17th October 2023:

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.

Finally the truth prevailed. The Review Petition filed by BSNL, AIBSNLEA and SNEA Activists has been dismissed

Finally the truth prevailed. The Review Petition filed by BSNL, AIBSNLEA and SNEA Activists has been dismissed and the Judgement in this regard has been pronounced on 24th August 2020. Today the order copy was issued.

Click here for the order copy

Going by the Judgement, it is clearly felt that the Review Petition was filed just to delay the promotion of BSNL Recruits and the petition was flawed technically also.

Contrary to the myth created by some groups, the Judgement clearly spells out and vindicates the stand taken by AIGETOA all these while. We are highlighting the salient points of the Judgement vis-a-vis the stand taken by AIGETOA.

AIGETOA Contended that BSNL can not file appeal after executing the judgement partially. – RP order states the same- Page 21-. Last Para

Click here for the screenshot

AIGETOA Contended that only operating part of the judgement needs to be considered. Court says- the same – Operating part of the judgement reveals how Inter-se-Seniority is to be fixed. Page 25 last line.

Click here for the screenshot

AIGETOA said BSNL can do interim promotions in 1:1 ratio between DR and PR quota till seniority is finalised. Court says the same. page 24..Last line of the second Para

Click here for the screenshot

AIGETOA said the judgement deals with Inter-se-Seniority and does not deals with the Intra Seniority within the quota. Court says the same that they have not considered settlement of seniority of individuals and in fact they have decided only on Fixation of Inter Se Seniority between DR and PR quota meaning there was no ambiguity on training centre marks seniority within the quota and date of joining on RY basis. page 25..Last Para.

Click here for the screenshot

So from the judgement and technical points of the order, it is quite clear that there was no problem in issuance of promotions and the same was withheld/denied without any reasons and submissions of AIGETOA was utterly ignored despite having weight and merits. We know that the past can not be reverted but atleast now those who are responsible for this delay should behave in a responsible and non-partisan manner and support AIGETOA in its quest for ensuring justice to the deprived JTOs who are waiting for their promotions since years. From the order, it is also clear that SLP in Honble SC may also not be admitted as after partial execution of order, the appeal is generally not entertained by any court.

We therefore request management to issue the promotions immediately to ensure justice for the deprived lot and also to avoid any further legal complexities. We sincerely hope that management will now ensure the correct action on their part and will extend the long awaited promotions to the JTOs who have been waiting for their promotions since years.