The main features of the judgement are:
A) JTOs recruited by BSNL as per JTO RR 2001 cannot claim the vacancy or seniority prior to 2000. It is reserved for the DoT officers. The basic contention of AIGETOA to interpolate seniority in the ratio 1:1 prior to the vacancies of 2000 has been rejected. This was the crux of the issue.
B) The promotion and seniority of JTOs recruited for 1995 to 1999 are intact and the eligibility list prepared by BSNL is correct.
C) The seniority of direct rect JTOs and the supernumerary JTOs recruited for the years 2001 to 2007 has to be revised based on date of appointment and date of promotion.
As such there is no hindrance in giving promotion from the final eligibility list prepared and circulated by BSNL from among JTOs recruited from 1995 to 1999.
Except the method of fixation of seniority of the JTOs recruited from 2001 onwards, all the pleadings of SNEA and BSNL management accepted by the Hon High Court.
CHQ will take all out efforts to issue the promotion orders as quickly as possible.
- JTOs recruited directly by BSNL after 2001 can have no right to claim for the vacancies earmarked for direct recruits during the period from 1996-2000 in DoT.
- No provision of law or any authority, confer them an indefeasible right to claim allotment of recruitment years as 1996 onwards.
- Certainly, from the date of their appointment in BSNL the petitioners are having the right to get their seniority fixed in accordance with JTO RRs 2001 framed by BSNL.
- JTO seniority list is to be prepared not on the basis of Training Centre marks, but based on date of promotion in cases of promotees and date of appointment in case of direct recruits.
- Final eligibility list is to be prepared within 6 months.
- In the meantime BSNL can make provisional promotion against the vacancies equally from among senior most promotes and senior most direct recruits.
- The applicant’s main prayer was for interpolation of Promotes and direct recruits in the ratio 1:1, irrespective of recruitment year.
- If the prayer was allowed, then 1995 to 1999 recruit promotee JTOs will be interpolated with 2001 to 2005 BSNL direct recruit JTOs in the ratio 1:1. Similarly, 2007 and 2008 BSNL direct recruit JTOs will be interpolated with 2014 to 2017 recruit promotee JTOs in the ratio 1:1.