Update on AGM/CAO Promotion and efforts made by AIGETOA:

AIGETOA is religiously pursuing for issuance of AGM/CAO Promotion especially after the judgment of Apex Court on 28.01.2022 and executive instructions issued by the DOP&T on 12.04.2022 in the matter of Reservation in Promotion. Association is continuously trying and exercising all its endeavors to find the way forward for the promotion knowing fully that aspiration of executives is running high. The organization equally needs officers in these grades to man various positions got vacant after massive departure of employees from the organization through VRS in Jan-2020. Everyone understands need of these promotion except BSNL management, who is not finding way and keeping the issue under stalemate on the name of consensus between associations and management citing Judgment delivered by Hon’ble CAT Chandigarh in OA No.60/750/2018 {Ramesh Kumar Vs BSNL – Court puts all AGM Promotion of June-2018 as provisional and questioning methodology adopted in the said promotion}, which has been challenged by BSNL at Hon’ble Supreme Court, whose decision is awaited from the Apex Court.

Since the issuance of instructions by the DOP&T, AIGETOA has held several meetings both individually and jointly with all authorities in BSNL including CMD, Dir HR, PGM Pers, PGM SR, CLO on multiple occasions. Series of joint meetings have been conducted between three associations and management to break the deadlock. One such meeting was conducted after issuance of DOPT OM dated 12.04.2022 to deliberate the procedure to be followed for implementation of reservation, which were attended by three associations namely AIGETOA, SNEA, SEWA BSNL and PGM Pers, PGM SR, CLO and other officials from management under the chairmanship of Director (HR). A minute of the meeting was also issued signed by three associations declaring clearly to implement DOP&T Order dated 12.04.2022 and OM-1997, which was signed by PGM SR and CLO on behalf of the management.

Click here for the Minute

Despite issuance of minutes, management didn’t move ahead on the promotion and continued further deliberation. Even then AIGETOA extended its full support in the dialogue process considering that some way forward will be achieved. But BSNL management continued its insistence to either wait for judgment of BSNL’s SLP or signing of new declaration clearly outlining the methodology to be adopted for reservation in promotion, which couldn’t move ahead due to non-agreement by one of the association. The methodology suggested by the management is to fill 22.5% Reserve Roaster Points with Reserve Candidates first and then 77.5% Unreserved Roaster Points by the remaining candidates of the seniority list irrespective of their category.

In the meantime, AIGETOA CHQ conducted protest on 23rd June in BSNL Corporate Office to attract the attention of management on the crucial issue but management kept its rigid stand for written declaration by all three associations on the consensus methodology to be adopted in view of the Hon’ble CAT Chandigarh verdict and pending BSNL’s SLP at Hon’ble Supreme Court.

In last two weeks, a series of meetings were held to break the stalemate by joint sitting of OBs of three associations individually as well as with management but no fruitful decision could be achieved. Even the discussion of three General Secretaries in last two days of last week individually as well as with management couldn’t bring the desired result. Despite of so many meetings, BSNL Management is still insisting for written joint declaration from three associations on the methodology to be adopted, citing the judgment of Hon’ble CAT Chandigarh and pendency of BSNL’s SLP at Hon’ble Supreme Court, which has not been agreed by SEWA BSNL. This has created a complete deadlock and much awaited promotion is hanging in balance despite of so many meetings and discussion held till last week.

This has created serious resentment across the BSNL and AIGETOA has conveyed the growing anger in clear terms on multiple occasions to the management and apprised that the derailment of promotional avenues can’t be accepted any more. A window for AGM/CAO Promotion has been opened after much awaited judgment delivered by the APEX Court on 28.01.2022 on the common issues in the matter of Reservation in Promotion in Jarnail Singh & Ors Versus V. Laxmi Narain Gupta Case & Ors (Civil Appeal No 629 of 2022 arising out of SLP(C) No 30621 of 2011). This opportunity can’t be allowed to derail and it’s the management responsibility to ensure promotion by either way. Association is exercising restrain and giving dialogue full chance to break the deadlock on the matter. It seems management is treating the restrain as our limitation and so we would like to apprise that injustice will not be tolerated any more.

Here, we assure one and all that association is committed to safeguard your interest and don’t fall prey to the rumors in the social media platform. Association has pledged to render justice to all SDEs completed their residency period especially in view of the seniority of the earlier vacancy years distorted for LDCE qualified SDEs of 2006-07 onwards. Similarly standard pay scale and pay loss issue are continuously neglected by the management. Despite of our best efforts management is neither putting adequate efforts in the DoT for approval of the Scale nor extending interim arrangement for pay loss issue. So, we call upon our all rank and file to be prepared to fight back for our legitimate rights, which is long due i.e. Pay, Promotion or Pension.

DOP&T Promotion Order. Click here

In the meantime, DOP&T has also issued Promotion Order on 30.06.2022 in the CSS and other Cadres and so the association will appraise it to the management and it will give last opportunity to the BSNL authority to move ahead on the issue in the light of the issuance of the promotion order by the DOPT. If management still doesn’t move ahead, association will take a call on the further strategy after mid July, as per the decision taken in the CHQ Meeting conducted on 03.07.2022.

Technical Details on AGM/CAO Promotion – Matter of Reservation in Promotion:

Promotion in the grade of AGM/CAO has not been carried out after 2018 despite organization needed it badly to man various positions, which got vacant after massive exodus of employees from BSNL through VRS in Jan-2020. Despite of the availability of about 4900 Eligible SDEs and sufficient Posts in the AGM/DGM Grades to cater the needs of these eligible officers, management took shelter of court case all these time citing pendency of judgment in the matter at Hon’ble Supreme Court. In this regard, following details needs to be enumerated:

  • After the SDE to AGM Promotion issued in BSNL in June-2018, one case was filed at Hon’ble CAT Chandigarh through O.A. No.60/750/2018 challenging the reservation extended in the SDE to AGM Promotion by making CMD BSNL and Dir HR as respondents. Hon’ble CAT Chandigarh pronounced the verdict in the OA No.60/750/2018 on 25.02.2020 as below:

1. The respondents, in general shall take a policy decision indicating the parameters for introduction and implementation of the reservation in promotions, which shall include:

  • The verification of the representation of the category of Scheduled Castes & Scheduled Tribe employees in the post or cadre for promotion to which, reservation is sought to be effected and the resultant effect of any on the efficiency of the administration;
  • The manner in which the concept of creamy layer shall be applied in enforcing such reservations in promotions; and
  • The duration up to which the promotion shall be in force.

2. Unless and until a decision at the highest level is taken as regards the implementation of the reservation in promotions, the same shall not be affected.

3. If any promotions have taken place contrary to the law as it exists now, it shall be open to the respondents to take corrective steps. Pending such action, the promotions so made shall be treated as provisional, without giving rise to any right to seniority in the promoted post.

Click here for Hon’ble CAT Chandigarh Judgment

• BSNL challenged the judgment dated 25.02.2020 of CAT Chandigarh to the Hon’ble Supreme Court, which tag the case with ongoing Civil SLP on the Matter of Reservation in Promotion of Jarnail Singh & Ors Versus V. Laxmi Narain Gupta Case & Ors (Civil Appeal No 629 of 2022 arising out of SLP(C) No 30621 of 2011).

• Hon’ble Supreme Court delivered judgment on the matter of Reservation in Promotion on dated 28th Jan’2022 in Jarnail Singh & Ors Versus V. Laxmi Narain Gupta Case & Ors (Civil Appeal No 629 of 2022 arising out of SLP(C) No 30621 of 2011) giving direction to operate the Reservation in Promotion. Hon’ble Supreme Court also states in the order that “It is made clear that we have not expressed any opinion on the merits of any individual case as we have only answered the common issues that were formulated after hearing the parties”. It is on record that still bunch of Cases totaling Eleven SLPs, which are part of the individual cases are still to be heard and decided by the Hon’ble Court. BSNL’s SLP at Hon’ble Supreme Court, challenging the decision of OA No.60/750/2018 of Hon’ble CAT Chandigarh dated 25.02.2020, is also pending with these bunches of cases.

Click here for the Hon’ble Supreme Court Judgment

• In the light of decision of Hon’ble Supreme Court dated 28.01.2022, DOP&T has issued instructions to operate the matter of Reservation in Promotion vides OM number 6012/16/2019-Estt. (Res.) dated 12.04.2022.

Click here for DOPT OM dated 12.04.2022

Similarly, the Hon’ble CAT Chandigarh has given direction to maintain Status Quo in the AO to CAO Promotion issued by the BSNL in Nov-2018, causing no movement in the case. BSNL is also trying to vacate the stay in the Hon’ble Court.

• Earlier DOP&T has issued instruction on the matter of Own Merit in Reservation in Promotion in 2010, 2016 and 2018 as below:

Click here for the DOP&T OM 2010

Click here for the DOP&T OM 2016

Click here for the DOP&T OM 2018