Welcome LDCE BSNL Officers Web
<Updated on September 16, 2014.>
16-09-2014 - Please read the Point No.8 of the Mumbai CAT Judgment TA No. 06/2009 in Sadashivan case, Wherein Hon. CAT Mumbai ordered to issue the revised provisional seniority list of Gr. B officers and invite "Objections" within four months. The objections and representation received from the concerned has to be considered by the department. It means BSNL cannot issue final seniority list without circulation of revised provisional seniority list and consideration of objections and representations. We may object and put stay on revised provisional seniority list on following ground-
1. DOT finalized the seniority of Gr.B officers and handed over to BSNL and BSNL failed to submit stand of DOT in Hon. court.
2. BSNL not communicated the judgment of Hon. CAT to affected parties as directed in court order.
3. No one from affected parties was included in this case either in CAT or in High court then how it is applicable to affected parties.
4. The provisions of DOPT OMs were not followed in absence any provision in recruitment rules.
5. The provisional seniority list cannot be operated till the outcome of the case.
In addition to that, all are requested to get information through RTI regarding above points.
13-09-2014 - Dear friends, this is reminder to all LDCEans to ensure that the representations are being submitted through proper channel as well as being dispatched through speed post. This representation is a part of agitation before management. It will not only reflect our unity but It may be become part petition. So please confirm from all LDCE members of your SSA and ask them to send the representation without further delay.
11-09-2014 - Even though, MTNL was formed on 1st April 1986, the recruitment rules for SDE were framed by DOT on 23.07.1996 and LDCE for 25% promotion was conducted by DOT in december 2002. Due to neutral stand of BSNL, Hon. Supreme court questioned on the validity of recruitment rules 1996 framed by DOT & RR 2002 framed by BSNL. This judgment has put big question mark on SDE Seniority list of BSNL and MTNL. So the LDCE passed candidates of MTNL Mumbai and Delhi may join with LDCE forum of BSNL to defend the seniority case jointly.
08-09-2014 - It is decided by our forum to submit individual representation to reach our feelings to the BSNL management and DOT. All the LDCE candidates of 2002, 2007 & 2012 have to submit representation in four copies through proper channel and send one advance copy to CMD BSNL & DOT Secretary through speed post to build pressure on management so that BSNL Management can take immediate steps to our seniority. If management remains silent then it may help us to challenge the validity of recruitment rules and recruitment process in court of law.<<<Rep_format>>>
08-09-2014 - Meeting of circle representative of LDCE forum held at new Delhi on 07.09.2014 to discuss all the legal aspects to file review petition of seniority case. The case was discussed with Sr. Advocate and he has given some inputs for review. This is beginning of our battle. The stand of associations in this regard is not clear. None of the association come forward to support LDCE candidates. Our next action is depend on stand taken by BSNL. Hence it is decided to form a LDCE forum at National level and core committee is formed to handle the court cases at National Level. It is also decided to form a state level forum immediately and arrange state level meeting in their state.
It is also decided to declare this website as official website of LDCE and its new name will be published soon. Be united in all SSAs and states, LDCE forum will fight for all the rights and will not allow the management to curb the LDCE quota even in JTO to SDE promotion also.
02-09-2014 - The guidelines for framing recruitment rules. <<<dopt_guidelines>>>. Please go through the guidelines circulated by DOPT for framing the recruitment rules for Gr. A & Gr. B posts. The lack of provision in RR and copy of proposal of RR and its approval may be obtained through RTI. When Hon. Supreme Court questioned on validity of RR then copy of its approval must be obtained through RTI. If the provision for seniority and further promotion is not available in approval of RR then we will challenge RR and will demand to quash these RRs and extend the period of old RRs till framing of new RRs.
The frequently asked questions on recruitment rules <<<FAQ_RR>>>.
02-09-2014 - Dear members, our LDCE team at Delhi is preparing to file review of seniority case. We may request for five Judge bench in our case for review. DOT had framed the RR1996 and RR2002 were framed by BSNL. DOT sent the clarification to BSNL which was received from DOPT to fix the inter se-seniority but BSNL knowingly or unknowingly had not submitted the DOPT clarification forwarded by DOT during hearing of SLP. Hence the SLP was dismissed due to weak RR and neutral stand of BSNL. Now it is mandatory for us to make party to DOT along with BSNL in our review.
Please ask your association, the stand taken by the association. This will decide future directions of LDCE members. The details of LDCE members of WB, Odisha and Bihar circles are awaited. Please update the details. Moreover, all the circle representative are requested to intimate the details through mail at firstname.lastname@example.org so that latest development of the case will be intimated through your mail only.
31-08-2014 - Please read your fundamental rights given by our constitution to every citizen of India. <<<Part-III of constitution>>>
FUNDAMENTAL RIGHTS : Right to Equality
14. Equality before law.-
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.-
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-
(a) access to shops, public restaurants, hotels and places of public entertainment; or
16. Equality of opportunity in matters of public employment.-
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office_11[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.
_12[(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]
_12A[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
Saving of Certain Laws
_31[31C. Saving of laws giving effect to certain directive principles.-
Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing _32[all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by _33[article 14 or article 19]; _34and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:
Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.]
31-08-2014 - LDCE forums are formed in most of the circles. The meetings of forum were also conducted in most of the circles and some circles nominated their circle representative for combine meeting of all circles. It is requested to mail the details of circle representatives on email@example.com to convey the venue of meeting. The date to file Review petition and fresh OA will be decided in meeting. Till the time, all LDCE candidates are requested to mail the letter to their DS/CS/CP/GS to take up the matter with DOT/BSNL management to resolve the serious issue of seniority of 6226 candidates. <<<Letter format>>
29-08-2014 - Dear friends, it is observed that most of the LDCE officers are not aware about the LDCE website. Please give wide publicity of this website to all your friends of LDCE 2002, 2007 & 2012. It is seen that very few candidates of LDCE 2012 have registered on the website. There is confusion in the minds of LDCE 2012 Candidates regarding their seniority. The LDCE 2012 was actually notified in 2010 but it was postponed in March 2012. Please find the attachment here for notification of vacancies for LDCE 2012. The LDCE was conducted for the vacancy year 2006-07, 2007-08, 2008-09 & 2009-10 but it was postponed and conducted on 04.03.2012. You might be aware that BSNL issued promotion order of 2041 JTO for 67% quota on 15.05.2009 and there after orders of some left out cases. Not only that but BSNL again promoted 1861 JTOs on 30.03.2011 under 67% quota. i.e. more than 4000 JTOs promoted under seniority quota in 2009 & 2011. Even though you have passed exam for the vacancy years from 2006-07, 07-08, 08-09 & 2009-10. These JTOs promoted under seniority quota (67%)will become senior to all LDCE candidates of 2012 due to recent judgment of supreme court. So join hands with team of LDCE officers to get your right otherwise you will lose your seniority and your seniority will be fixed as per your date of joining <<<notification LDCE2012>>, <<<DPC2009(67% quota) >>>, <<<DPC2011(67% quota)
27-08-2014 - It is observed that there is confusion in the minds of LDCE candidates regarding the word "direct recruit & LDCE". Please read the DPE clarification available on this website on 14.08.2014 and the clarification given in Para 5 of DOPT OM dated 19.01.2007. It is clearly explained that there can be any method of recruitment such as direct recruit / promotion / absorption / deputation & percentage of vacancies to be filled by various method. i.e. the method of recruitment is to be selected for the provision in the OM.<<<dopt om 19.07.2007>>>
In DOT/BSNL, Promotion to SDE cadre was notified by the method of percentage of vacancies distributed between two different quotas. There is no provision in recruitment rule for direct recruitment from open market. Hence 100% promotion from feeder cadre by two methods with different quota. Please refer Para 2.4.3 & 2.4.4 of DOPT OM dated 03.07.86 where it is clearly mentioned that quota is to be maintained during promotion for the methods notified in recruitment rules. ( It is not specific for direct recruit or LDCE or for any other method).
ROTA is not mentioned in RR does not affect seniority of LDCE candidate. It is problem for seniority quota, as vacancies of LDCE quota cannot be rotated seniority quota. It means promotions beyond the quota are not effective. It is clearly mentioned in Para 2.4.4. of DOPT OM dated 03.07.86 that excess promotions beyond the quota are ineffective and areof adhoc nature only. It is also explained that "With a view to curbing any tendency of under reporting /suppressing the vacancies to be notified to the concerned authorities for the direct recruitment, it is clarified that promotees will be treated as regular only to the extent to which direct recruit vacancies are reported to the recruiting authorities on the basis of quotas prescribed in relevant recruitment rules. Excess promotees, if any exceeding the share falling to promotion quota based on corresponding figure, notified for direct recruitment would be treated as adhoc promotees” It means frequently department cannot issue promotions of only one quota.
In our case method of recruitment is through LDCE & Seniority with specified quota. As per clarification given in Para5 of DOPT OM dated 19.01.2007, the word applicable is to be replaced in the OM circulated by DOPT.
26-08-2014 - All LDCE candidates- Please note that SLP has time limit to file review. Please go through the lists of LDCE candidates and arrange meeting in your SSA and nominate representative at SSA and Circle level to decide further course of action. The meeting of representative nominated at Circle level will be arranged shortly. The list of LDCE candidates will help you to locate LDCE candidates in your SSA & circle. <<<LDCE2002>>>, <<<LDCE2007>>>,<<<LDCE2012>>>
25-08-2014 - Judgment copy of SLP for seniority case as well as notional case is received. <<<<SLP_Judgment>>>>
Notional case : Hon. Supreme Court delivered judgment with view that there is no rule with regard which gives benefit of assigning notional date of promotion with retrospective effect. The Hon. court also observed that the recruitment rules framed as RR1996 and RR2002 does not provide ROTA like RR1981. Hon. Supreme court also held that the view taken by Hon. CAT Bangalore and Karnataka High Court in Premkumar and others case to grant notional date of promotion from 23.1.2002 for 124 candidate is not correct and do not lay down correct law position. But the benefit of above decision cannot be extended to present respondent.
Here Hon. Court protected the benefit of notional promotion from 23.01.2002 to 124 candidates only. When 1509 candidates passed the same examination and joined on same date then it is very big question how the date of promotion can be differed? This is violation of Rule 14 and Rule 16 of the constitution. Now the review can be filed with the same point. One more point for other cases of notional fixation pending in different CAT & High courts, this judgment is not applicable as it is stated that this decision cannot be extended to present respondent, it means, this benefit can be extended to other candidates. So friends, be ready to fight as per Rule 14 , Rule 16, Rule 32, Rule 332 of the constitution and not as per RR.
Senority Case : In Sadashivan Case, Hon. Supreme court observed that the view taken by Hon. CAT and Hon. High court Bombay to consider the seniority as per date of his joining on 07.12.2001 is correct. On the same ground, the other SLPs are also dismissed.
Here, none of the advocate either from BSNL side or from respondent side focused on the provisions of DOPT OMs but their main focus was on RR & RR only. Even though Hon. Court noticed that only quota is mentioned in RR and RR does not provide ROTA rule, it was not brought to the notice of Hon. Court that quota was not maintained by the department since 1993. Then the seniority of beyond the quota promotees cannot be fixed as per date of joining. As per provisions contained in DOPT OMs dated 07.02.86 & 03.07.86, the promotions beyond the quota are not regular and are adhoc only.
Secondly, fixation of seniority of 124 candidates from 23.01.2002 and seniority of remaining from 26.05.2004 is against the fundamental right given by our constitution.
Now, the role association is very much important. The seniority of about 6000 LDCE candidates is in dark. All the LDCE candidates of 2002, 2007 & 2012 are requested to register their details in LDCE website and make forum at state level within week time and intimate the names and mobile details by email at firstname.lastname@example.org for state level meeting. As there is time limit to file review petition, it is requested to unite under the head of LDCE and prepare to fight for your right. State level meeting will probably be arranged within week time.
24-08-2014 - Seniority case- The judgment copy of SLP is expected on Monday. On receipt of Judgment copy, BSNL Management may take view of executive associations before implementation of Judgment. Even though Hon. Supreme Court dismissed the SLP with view that if there is no specific rule to the contrary; the benefit of inter se seniority cannot be extended to the date anterior to the date of actual joining to the post for which one is promoted, there is no specific provision in RR1996 or RR2002 to decide promotion policy. it may raise further litigations against the promotion orders issued without concrete promotion policy.
Now all the executive association has to file an application in Hon. Supreme court to issue guidelines for promotion policy in absence of any provision in recruitment rules.
When there is two stream of promotions in SDE cadre with specific quota and no provision in RR1996 or RR2002 for further promotions. BSNL should maintain the separate seniority lists of LDCE and promotees. The recruitment rules should be amended with fresh guidelines from DOPT and approval from Hon. Supreme Court.
All LDCE candidates should arrange meeting with their association with request to file an application in Hon. Supreme court to issue guidelines for further promotions as per DOPT guidelines before revision of seniority to avoid further court cases.
21-08-2014 - SDE TO DE(Regular) promotion order likely to be issued on 21.08.2013 excluding the LDCE candidates before receiving copy of SLP Judgment. It is nothing but the punishment to LDCE candidate for the mistake committed by the department while framing recruitment rules. SLP decides only the validity of high court judgment and the case is not heard in depth. BSNLs neutral stand in Supreme Court caused this injustice. It is the duty of all the association to question the management and pressurize BSNL to file review or writ petition in Hon. Supreme Court and to show the ruling of inter Se-seniority circulated by DOPT.
It is also not understood when 123 LDCE candidates own the case, then it is applicable to only 123 LDCE candidates who were applicant in the case. Then in this Sadashivan case, why it is applicable to all?
Next course of action :Dear friends, you might have observed that none of the association is making comment regarding seniority of LDCE candidates. All LDCE candidates of 2002, 2007 & 2012 arrange meeting in each SSA and form a forum at SSA level and Circle level and intimate the list at email@example.com along with mobile numbers and email address. On receipt of copy of Judgment, common meeting of all circle will be arranged and future course of action will be decided. Till the time, all the LDCE passed officers should ask the leaders of their association to clear the view immediately. it may bring the the negative association into notice of LDCE candidates.
14-08-2014 - Notional fixation case(SLP) in Hon.Supreme Court is dismissed and it was held by the Hon. Supreme court that the out come of Santana Krishnan case cannot be compared to the case of Premkumar because of the fact that both are governed by different RRs. Santankrishnan by 1981 RRs and Premakumar by 1996 RRs. In 1981 RRs provision existed for yearly examination as well as to accord seniority in the ratio 2:1 between the seniority (qualified) and LDCE quota. Since these two provisions are not there in the 1996 rule, the court denied to extend the notional benefit in BSNL Vs Dubey extended by the Hon Cat Jabalpur and declared that Premkumar judgement is bad in law and hence cannot be extended further to others. The court also observed that as such the case of Premkumar and 123 others has attained finality even by the judgement of apex court the benefit given to them is protected.
If the Hon. Court think old RR1981 are ok then RR1996 & RR2002 should be suspended and old RRs 1981 should be extended till finalization of new RRs with next promotion policy which is not available in existing RRs. Now the question is who is responsible for the injustice on remaining 500 LDCE candidates. If the examination passed is same then, to remove the disparity on pay fixation is right of every employee. The extension of benefit to only some people is violation of right under rule 14, 16, 32 & 332 of the constitution.
14-08-2014 - Seniority case(SLP) in Hon.Supreme Court is dismissed with view that there is no clause for inter se-seniority in RR1996 as well as in RR2002. Now this is not only the problem of seniority for LDCE 2002 but it becomes the issue of seniority for LDCE 2007 & LDCE 2012 also.
The judgment is delivered with view that " when two processes of promotion are not held simultaneously and held on different dates whatever may be the reason; if there is no specific rule to the contrary; the benefit of inter se seniority cannot be extended to the date anterior to the date of actual joining to the post for which one is promoted."
Dear friends, it was many times reiterated that when there is no provision or lacuna in recruitment rule then guidelines issued by government of India circulated through DOPT OM are to be followed. DOPT OM dated 07.02.1986 and 03.07.1986 provides rules for inter Se-seniority. It is very much surprising that no one either from BSNL or from LDCE parties could highlight the provisions of DOPT OMs. Not only that the clarification given by Department of Personnel training and establishment (RR) dated 29.05.2013 regarding fixation of seniority was not produced before Hon. SC during the hearing.<<<DPE_clarification>>>
Now it is the job of BSNL to file review or appeal in Hon. Supreme Court and produce DOPT ruling regarding fixation of seniority for further promotion to get guidelines before issue of any promotion order.
Now it is time to unite all LDCE passed offices including LDCE 2007 & 2012 to force the respective association to take up the issue with BSNL management before revision of any seniority list and prepare two seperate seniority lists of promotion quota and LCDE quota. There is no specific guideline in RR1996 as well as in RR2002 regarding promotion to the higher grade. The combine seniority list cannot be prepared without specific guideline from DOPT or Hon. Supreme Court. New RRs required for promotion to the grade of Divisional Engineer and for which specific ratio from both the seniority lists should be decided.
All the LDCE members of LDCE 2002, LDCE 2007 & LDCE 2012 are requested to form forum of LDCE at district level and state level to fight for your right. As there is no provision of promotion policy in RR1996 & RR 2002, It is now clear that the promotions made from SDE to DE since 23.07.1996 are without notification of rule in RR1996 & RR2002 and are in question?.
05-06-2013 SDE to DE DPC -Stay continues. Chennai CAT did not vacate the stay on SDE to DE DPC. Great victory for LDCE candidates. Hon.CAT disposed off the cases seeking vacation of stay. Hon.CAT further stated that if required the applicant may approach Hon.High court.
14-01-2013 Stay Granted by Hon.CAT Chennai is upheld by Hon.CAT Hyderabad in 1966 case. It was stated by Hon.CAT Hyderabad that same stay is applicable to all and there is no need to put another stay for the same matter.The matter is posted for final hearing.
It is observed that the judgement coming against BSNL are kept pending for long time and BSNL is not paying heed to implement the orders , but judgments coming in BSNL's favor are applied to all on very next day with their own interpretations. <Hyderabad Order>
07-01-2013 Hon. CAT Madras has accepted contempt application filed by LDCE candidates and has directed BSNL not to make any promotions from SDE to DE as contemplated in letter dated 30.11.2012 and the seniority list dtd 28.9.2012 in order issued on January 2,2013.
19-12-2012 Supreme Court Judgement dated Nov 27, 2012 on Seniority
issue.: Hon. Supreme Court has delivered
judgement in favor of Direct Recruits/ Competitive Quota Income TAX Inspectors
for fixation of seniority and it states that - " The relative seniority of
direct recruits/ Competitive quota and that of promotees shall be determined
according to the rotation of vacancies between direct recruits and the
promotees which shall be based on the quotas of vacancies reserved for the
direct recruitment/ Competitive quota and the promotees respectively in the
departmental rules" As such there no question of seniority from the date
of joining if quota rota principle is not followed. DOT/BSNL has not followed
rota quota principle since 1993. This means competitive quota officers need to
be placed en block senior to promotees since 1993 till quota rota principle
gets fulfilled. It means all the promotions after 1993 including 2636
promotions of 1993 are illegal and they must be ad-hoc only and cannot be
included in any of the seniority list till filling of LDCE quota following
quota rota principle.[ Hon Supreme Court judgement Copy]
19-12-2012 Jabalpur CAT Judgement on 1966 Seniority: Hon.CAT Jabalpur has delivered judgement in favor of 1966 officers relying on Mumbai HC Sadashivan case, Hon.CAT Chandigarh and Hon. HC Ernakulum which are in favor of seniority as per date of joining. Hon.CAT Jabalpur has not observed the provisions of seniority as per DOPT OM dated 7.2.1986 and 3.7.1986. Perhaps DOPT guidelines may not have been discussed during the proceedings else actual facts are not disclosed before Hon.CAT Jabalpur. This judgement has overruled the recent supreme court judgement [ Nov 27,2012], Hon.CAT Chennai, Hon. HC Orissa & Hon.Principle CAT New Delhi. <judgement>
21-11-2012 Congratulations to Jabalpur LDCE Candidates- Hon.
CAT Jabalplur delivered judgement in favor of LDCE Candidates for notional fixation as per Karnataka CAT/HC order. [Judgement copy is available in restricted download section]
21-11-2012 SLP on seniority is considered by Hon. Supreme Court and ordered to issue notices to the respondents and posted the case after 10 weeks. Con tempts filed so far in this matter are kept aside. Seniority list no.6 and 7 are now valid till the outcome of all SLPs.
Hon. HC Orissa has put question on revision of seniority of 1966. That is to say seniority list no.5 is now under dispute due to two Hon.CAT Judgements Banglore and Chennai and Orissa HC judgement. It is difficult to conduct DPC without revision of seniority of LDCE 2002 Executives. BSNL has to revise the seniority of the LDCE 2002 Executives by interpolating in seniority list no.5 , then only DPC can be conducted. Otherwise it will be contempt of Hon. HC Orissa and Hon. CAT Banglore and Chennai and we have to stop the illegal DPC with legal alternatives.
13-11-2012 Hon. CAT Chennai dismissed the review application filed by BSNL and upheld the decision taken on 18.04.2012 against the revision of seniority of 1966 officers. Dear friends, Now two tribunals i.e. Hon. CAT Bangalore and Hon. CAT Chennai quashed the revision of seniority of 1966 officers and ordered to refix their seniority as per RR1996 i.e. vacancies arosed only after 21.10.1998. The judgment of Jabalpur CAT is awaited and will be in favour of LDCE only. Please refer the judgment dated 08.10.2012 of High court of Orisa cuttak wherein it is clearly mentioned that there were only 2234 vacancies and seniority of excess promotees should be fixed as per RR1996. It means shifting 1966 officers from seniority list No. 6 & 7 to seniority list No. 3, 4 & 5 is totally illegal and wrong interpretation of Hon. Kerala high court order. Now BSNL has to revise the seniority of LDCE passed officers and LDCE passed officers should be placed in seniority list No. 3, 4 & 5 i.e. above these 1966 officers as per vacancy year. Please read orisa HC judgment <<<orisa_Judg>>>
19-10-2012 LDCE Officers - Be ready for another battle:- Dear LDCE Passed Officers, we all are about 6000 in numbers and our existence is ignored by all Associations .They have taken it for granted that we will do nothing.You might have read rotten views of one of association to scrap post bound promotions and allow all and sundry devoid of merit to run our beloved organization BSNL. Friends , in DOPT OMs, guidelines are issued for introduction of compulsory quota in promotion. Basically introduction of TBP has slaughtered financial viability of BSNL. Friends if any association is trying for such illegal move against LDCE officers then we have to fight in the court of law and think over continuation of membership of such anti LDCE associations.
26-09-2012: ALERT ! : During filing SLP by LDCE Officers- During filing of SLP by LDCE Officers it is to be noted that BSNL has not followed quota rota principle since 1993. Therefore the judgement based on the DOPT OM 3.7.86 is not applicable. DOPT OM 3.7.86 is for seniority between Direct Recruits from open market and the departmental promotes. Secondly Para 2.1 of the DOPT OM 3.7.86- which is regarding seniority as per date of joining states that it is applicable only if the principle of quota rota is followed ; which in fact is not followed by BSNL since 1993, hence para 2.1 is out of context.
All the judgements of Mumbai CAT , Chandigarh CAT and Ernakulum CAT are based on para 2.1 of DOPT OM 3.7.86 wherein para 2.1 is referred in part only ; fixation of seniority as per date of joining but it is to be noted that para 2.1 becomes invalid as principle of quota rota is not followed by BSNL. Thus all the regular promotions since 1993 to the cadre of SDE are illegal ; these promotion must be converted to Ad Hoc only & these may be made regular only to the extent of filled LDCE quota.
1966 Seniority prior to 21.10.1998 was denied by Hon.CAT Banglore and the same was upheld by Hon.High Court Banglore. BSNL issued letter dated 09-03-2009 stating that supernumerary posts were created to protect promotions of these officers and these supernumerary post created on 21.10.1998 have given seniority prior to 22.7.1996 which is totally illegal. 1966 seniority is again denied by Hon.CAT Banglore in Jan 2012 and in Chennai CAT in April 2012.
YEAR Number of vacancies Promotions Remark
Under Seniority LDCE
1993 5064 7700 -------- Excess 2636
1998 3629 3629 -------- Excess 3629
2000 5320 5320 -------- Excess 5320
2001 3854 3854 -------- Excess 3854
2002 25% of excess -------- 1509
It is clear that all the promotions made are only for seniority cum fitness quota and these are excess in nature and can become regular only to the extent LDCE quota is filled .It is required to fix the responsibility for the breach of principle of quota rota and the promotions made in this way may be converted to Ad Hoc instead of reversions ; but these officers cannot be included the list of regular promotions. All the DPCs for Ad Hoc DE to Regular DE need to be stayed immediately till corrections in the seniority lists since 1993 are incorporated.
30-06-2012 Seniority lists No 6 & 7 Issue : Seniority list No.6 contains 3629 officers promoted on 21-10-1998. Out of 3629 seniority of 1966 SDEs is already under dispute. 5320 JTOs were promoted on 26-04-2000 and 3854 JTOs were promoted on 28-12-2001 to the cadre of SDE including JTOs of 1989 batch. The JTOs of 1989 passed LDCE for the vacancies of 1996-97 and 1997-98. Their seniority in seniority list no.6 is above these 5320+3854 SDEs if the seniority list no.6 is revised as per date of joining. JTOs of 1989 will have to be placed below 5320 but somewhere in between 3854. Remaining LDCE passed officers of 2002 batch will be placed below 3854 SDEs.
Similarly JTOs passed in LDCE 2007 who have gained seniority from 2002 to 2007 will get seniority of 2008 and LDCE 2012 passed JTOs will get seniority of 2012 instead of 2008 to 2011.
All this defeats the very purposed of competitive examination. All LDCE passed officers are requested to form a forum in each circle immediately and intimate details such as name , mobile number and Email address to 'firstname.lastname@example.org'. Replies will be given as early as possible to all communications received.
Valuable suggestions may also be mailed to do away the injustice.
27-06-2012 Review filed by BSNL at Hon. High Court Mumbai is dismissed on 22.06.2012. The RA filed by BSNL is dismissed on the ground that BSNL Lawyer did not argue during the hearing of the appeal that affected parties not involved in the case. Application filed by our LDCE candidate to make party in review petition is not admitted on the ground that RA filed by BSNL is dismissed. With malafide intentions Sadashivan,(who was representative of BSNL and also the petitioner) kept the LDCE passed officers in dark and tempted Hon. High court Mumbai to deliver erroneous judgment without involvement of affected parties and denying the right to defend.
These judgments are based on partial submission of information of DOPT OMs in the affidavits and mentioning only the parts that were beneficial to Mr. Sadashivan. These Judgment will adversely affect the seniority of all the competitive candidates i.e. LDCE 2002, LDCE 2007 & LDCE 2012. The purpose of conducting competitive examinations will be defeated.
It is learnt from website of SNEA (I) that BSNL has filed SLP in supreme court but BSNL submit only RR in court that defines only mode of recruitment, quota and eligibility condition. RR does not define seniority and court only refer DOPT guidelines for fixation of seniority. Para 2.1 of DOPT OM dated 03.07.1986 defines seniority as per date of joining provided principle of rota-quota should be followed which is explained in Para 2.4.1, 2.4.2, 2.4.3 of the same OM. If principle of rota quota is not followed then Para 2.4.4 of the OM state that the promotions made beyond the quota are not regular and only adhoc but BSNL has broken the rota-quota rule and Para 2.1 is not applicable for fixation of seniority.
BSNL has committed a mistake of breaking rota-quota rule as such it is hiding the fact from the court and opponent are taking undue advantage of the situation. BSNL is going to commit the same mistake in SLP filed at Supreme Court.Our LDCE officers should file SLP in supreme court for non-inclusion of affected parties and denial of opportunity to submit our stand in Hon. high court. We should request in SLP to redirect the case to Hon High Court Mumbai to hear the affected parties in detail. Please remember BSNL will not expose the fact that they have broken the rota -quota rule which may only decide that seniority cannot be fixed as per date of joining.
Even if seniority is to be fixed from the date of joining, two seperate list need to be maintained by BSNL i.e. one for seniority cum fitness quota and other for LDCE quota and promotion to the cadre of divisional engineer may be given as per quota defined in the RRs.
30-05-2012 JUSTICE DELAYED IS JUSTICE DENIED -Notional Pay Fixation: BSNL management has turned down its own commitment to
consider the representations of notional pay fixation on outcome of RP filed by
BSNL at Hon. HC Bangalore.
As we all know, Hon. High court Bangalore has dismissed the RP filed by BSNL and it was expected that BSNL will generalize the case and extend the benefits to similarly passed LDCE officers.
Contempt petition is already filed by our LDCE colleagues at Hyderabad and Ernakulum. From the recent development it is evident that BSNL management will not extend the benefit to the left out LDCE officers.
It is therefore suggested to make preparation and file the case by all left out candidates in their respective tribunals/Courts. The supporting documents / judgments are available in restricted download section of this website.
Further assistance required if any may be sought by sending mail to email@example.com
Maharashtra LDCE 2004 passed officers are requested to contact and submit their details to Shri. Jirwankar ,SDE Aurangabad on his Cell No. 9422201048 to file the case of notional fixation in Maharashtra
17-05-2012 It is learnt from reliable sources that somebody is putting pressure in DPC section of corporate office to recast the seniority list No. 6 and 7 as per date of joining. It is also learnt that BSNL Lawyer on panel has put remark that there is no scope for appeal. It clearly indicates that panel lawyer is managed by opposite party.
We could not understand without filing SLP/ Appeal in supreme court how BSNL can decide to revise the seniority list No. 6 & 7 and why not all the seniority lists from 1 to 7?.
Friends, it is time to unite and act as per line of action-
1. Kerala comrades are requested to send complaint against BSNL Lawyer to CMD, DIR (HR) and GS of the association to remove such biased lawyer from BSNL Panel.
2. It is also requested to take his registration number from high court so that we can lodge complaint against him to Law commission for his de-registration as a Lawyer.
3. File appeal in Supreme Court against judgment based on intentional shortlisted information.
It is requested to all LDCE passed officers of 2002 and 2007 to contact Mr. Bobanlal (09447121212) and Mr. Manoj Krishanan ( 09447039944) and provide financial assistance.
16-05-2012 Dear friends,
Recently Hon. Kerala high court delivered judgment to fix the seniority based on date of joining. Please go through the judgment. It is observed that DOPT OM dated 03.07.1986 is partially referred. The assumptions made are not based on true facts or rules of seniority. The case was not properly defended. The judgment was delivered by comparing LDCE candidates with direct recruit and promotion through DPC as promotes.
Recruitment rules only defines quota for different mode of promotions. When recruitment rules are silent on seniority then recruitment rules are useful only to decide the quota for each method of promotion and DOPT guidelines should be followed to fix the seniority between LDCE candidates and promotions through DPC.
Please go through the principal CAT New Delhi Judgment stating that if one quota is not filled for long time due to inaction of government then promotions made only for seniority quota cannot become regular and these promotions are adhoc only. DOPT OM dated 07.02.1986 Para 4 & 5 and DOPT OM dated 03.07.1986 Para 2.4.3 & 2.4.4 explains the same. i.e. seniority cannot be fixed as per date of joining as per Para 2.1. of the OM dated 03.07.1986 if the condition given in Para 2.4.3 for promotion is violated.
Since 1989, the rules of promotions are violated and tried to suppress vacancies of LDCE quota. Hence it is unavoidable to challenge all the promotions made only for seniority quota since 1993 by violating recruitment rules in force as well as DOPT guidelines.
Now there should not be any DPC till the recruitment of backlog LDCE quota as per recruitment rules in force.
Please go through the information and prepare to file case in the tribunal of your jurisdiction <<violation of RR & DOPT guidelines>>
25-04-2012 Alert! All LDCE Officers - It has been observed from some websites of Associations that these associations are fighting aagainst 1966 reversion case. This is total injustice on LDCE Officers. Associations are funding these cases against LDCE Officers. That is to say our money is utilized by these associations against us. All LDCE officers are requested to question their associations and unite to defeat this unsolicited move on the part of these associations. Karnataka LDCE collagues are requested to submit representation to their Circle Office to make them respondents being adversely affecting peoples, if BSNL Karnataka appeals in High Court Banglore.
21-04-2012 Hon.Banglore CAT once again given judgement against restoration of seniority of 1966 SDEs promoted against supernumerary posts and slapped BSNL for wrong implementation of Hon.Kerala and Delhi High Court orders. .
20-04-2012 Victory of LDCE Candidates- LDCE Candidates of TN won the battle against restoration of 1966 SDEs in seniority list no-03,04 & 05.
15-04-2012 SNEA[I] General Secretary has written a letter to Dir[HR] regarding extending the benefit of notional date of promotion and fixation of pay w.e.f.23.01.2002 and actual benefits from 01.04.2008 in terms of judgment dated 26.04.2010 of the Hon. CAT,Banglore Bench in OA.NO.181/2009 to similarly placed other candidates also so that others should not be forced to approach different tribunals for the same relief .
30-03-2012 Hon.GS SNEA[I] Shri.G.L.Jogi has assured in AIC at Nanded that SNEA will make all out efforts for generalization of the judgement on notional pay fixation for LDCE 2004 passed Executives.
22-03-2012 BSNL review petition against Sadashivan case was heard partially yesterday. Next date of hearing is 22June 2012.
22-03-2012 CONGRATS ! SDE to DE DPC stayed by Hon. High Court Punjab till 18 July 2012. Earlier stay was up to 26-03-2012 from Jabalplur CAT.
09-03-2012 Courtesy- SNEA[I] CHQ- LDCE 2004 - Review Application on notional date of promotion:The review Petition ( RP 315 /2011 ) filed by BSNL at Hon High Court of Karnataka at Bangalore against the judgment of notional fixation in case of LDCE passed 124 candidates of Karnataka in OA No.181 / 2009 was dismissed on 02-03-2012. This case has been fought mostly by our comrades under the efficient leadership of our Karnataka Circle secretary Com.S.B.Nagavi. Hats off to Karnataka circle comrades for their tireless efforts. Our Association already taken up the case with BSNL Management for generalisation of the case and was waiting for the outcome of the review petition. As our association is trying for the generalisation, our comrades from other parts of the country need not approach different courts for the time being. View Hon. High court of Karnataka order
09-03-2012 : From Karnataka: http://www.ldce2004bsnl.com/: The meeting of the left out candidates of LDCE on 3-3-2012, in Karnataka; it is decided to get prepared for the legal battle and initially pressurise BSNL through the CHQ association (SNEA) for generalisation. Now we are waiting for the copy of RP judegement. Once copy of judgement is available; all documents will be sent to other state co-ordinators for further action in the matter.The members of Karnataka who have not attended the meeting on 3-3-2012 are requested to immediately submit the VAKALATH forms to Shri S B Nagavi at Circle office Halasur Bangalore. Get ready for one more struggle to get justice to remaining 1400 LDCE candidates promoted on 8-6-2004...
of Hyderabad already they have filed a caveat in Hon High Court of
Hyderabad. In case of Kerala they have filed caveat in Hon Supreme
Comrades- we have to rise above the level for our just demands. It appears that none of the association is aware of the injustice or not convinced at CHQ level; that is why all and sundry news publishers have not flashed the news related to notional fixation. Mute acceptance of injustice is a crime and this strengthens the oppressor.
02-03-2012 : CONGRATULATIONS!
Thanks to SNEA Karnataka : Congratulations ! The RP 315/2011 filed by BSNL against the judgement of notional fixation in case of LDCE passed 124 candidates of Karnataka in OA No.181/2009 is dismissed by the Hon High Court of Karnataka today . CS SNEA will take up the case with CHQ for its generalization which he has already discussed in detail with Com G L Jogi GS SNEA in Hyderabad yesterday.
Outcome of the review petition is in favor of LDCE Executives as such now BSNL has to keep commitment of considering the representations for notional pay fixation..
25-02-2012 : The review petion filed by BSNL - Maharashtra Circle against Sadashivan case came for hearing on 24-02-2012 & posted on 21-03-2012.
18-02-2012 : The review filed by BSNL at Hon High Court of Karnataka at Banglore came up on 17-02-2012. Arguments completed and judgment reserved. Earlier the Hon Supreme Court dismissed the SLP filed by BSNL against the High Court order. Recently the CATs at Hyderabad and Ernakulam also given judgments on the same line.
30-01-2012Notional date of promotion for the SDEs promoted in 2004 under LDCE quota: Hon High Court at Ernakulam today given judgment in favour of extending notional date of promotion w.e.f 23.01.2002 for the SDEs promoted in the LDCE quota in 2004 with similar benefits extended by Hon CAT, Banglore. The judgment has to be implemented in 2 months time which will be subject to the outcome of the RA pending at Hon High Court of Karnataka at Banglore.
29-01-2012BSNL withdraws misleading statement in the first para of Circular dated 23-01-2012 by issuing Corrigendum.The matter yet to attain sub-judice status , the review petition filed by BSNL is pending for admission at Hon.High Court Karnataka.Second para of the letter is based on the content of first para, as such whole letter becomes out of context. Corrigendum.
27-01-2012Review filed by BSNL & RA filed by LDCE Executives against Sadashivan case is admitted and posted on 24-02-2012.
27-01-2012Hon CAT, Jabalpur Bench stayed convening of DPC for Adhoc DE promotion till the next date of hearing, ie 26.03.2012.
27-01-2012In an unfortunate move GS SNEA clears stand on seniority of 2/3rd qualified SDEs ignoring justified seniority of 1/3rd quota. Now there is no other alternative than to fight in the court of law. It is surprising to see that the people who were qualified for 2/3rd quota seek seniority above competitive Exam passed Executives. Moreover the fact regarding non availability of vacancies and allotment of supernumerary status to these people is suitably ignored . It is time to think that all LDCE passed Executives should unite & fight against unsolicited move of SNEA <GS SNEA to DirHr on Seniority>
24-01-2012BSNL Corporate office declared that decision on the representations regarding notional pay fixation w.e.f. 23.01.2002 for LDCE 2002 candidates will be taken on outcome of review petition filed by BSNL in the same court.< Letter>
IMP:- It is therefore suggested that all the remaining SDEs who are yet to submit representations should submit the same immediately.
23-01-2012Hyderabad CAT judgement dated 5 January 2012 regarding Notional pay fixation for LDCE 2002. Now there is no reason why the judgement cannot be generalized. < Judgement>
31-12-2011Hyderabad CAT judgement dated 22.11.2011- regarding notional fixation for LDCE 2002 in the same line as that of Karnataka [Banglore CAT judgement] -[Order]
27-10-2011Notional pay fixation- BSNL has filed a review petition in the Hon.High Court Banglore and the hearing is scheduled in November 2011. Possibility of generalization of the verdict will be explored on final outcome of the case.
25-10-11: From SNEA Karnataka-LDCE Court Case:
Historic achievement to restore the injustice caused to the 2004 LDCE passed executives. After sustained struggle of 4 years today BSNL Corporate office issued orders to impliment the Hon CAT Bangalore order on OA (181/2009 ) filed by Com S B Nagavi and 123 others.. However this is subject to the outcome of the REVIEW PETITION filed before Hon High Court of Karnataka. Candidates may contact Com S B Nagavi CS SNEA KTK ( 9448010565 ) for further details in the matter. For order copy click here.
21-10-2011Most Urgent: Put SDE to DE DPC immediately on hold- Dear friends, BSNL has initiated SDE to DE (Adhoc) promotions DPC process with incorrect seniority lists. The final seniority lists declared by DOT vide letter No. 16-1/2001-STG.II (Part File) dated 19.06.2008 are not followed and shown dustbin. 1966 excess promotees promoted with supernumerary status on 21.10.98 are selected unlawfully for DPC. It is appealed to file petition to stay this illegal DPC in your circle. The draft to put immediate stay through CAT is uploaded with supporting documents. <Draft><Docs>
21-10-2011Review Application filed on 20 October 2011 at Mumbai High Court to defeat Sadashivan Case.
17-10-2011 ALERT ! - Final seniority lists published by BSNL are kept aside while selecting the candidates for SDE to DE adhoc DPC. Seniority of 1966 candidates is revised by wrong interpretation of Hon.Kerala and Delhi high court judgements. Objections are not at all invited by BSNL from the adversely affected executives. Be prepared to stay the DPC process in Circle wise Tribunals. The draft and required documents will be available within a week time.
07-10-2011 Vague demand to scrap LDCE is rejected by Hon.CAT Chandigarh Court. The petitioner is afraid of competing the talent available in BSNL. BE BRAVE !!!!!!!!!!! <Judgement>
01-10-2011 URGENT: LDCE 2002 and LDCE 2007 passed SDEs are requested to register on LDCE website immediately and form a team of their Circle. If we remain isolated now, then we will be no where in seniority list. <<ldce2002>>, <<ldce2007>>
LDCE passed SDEs of Maharashtra are requested to nominate two representatives from their SSA and contact Shri. P.M.Joshi (Mob-9422770999), Shri.C.R.Kadam-(Mob-9422273130) or Shri. M.S.Adsul ( Mob-9423082352) to get united to defeat Sadashivan case. << ldce2002 >>, <<ldce2007>>
28-09-2011 BSNL Maharashtra Circle has filed a review petition against Sadashivan case verdict on 27-09-2011. We the ldcebsnl team has also worked out to become respondent in the case. Necessity of filing a separate case is being explored.
23-09-2011 LDCE passed officers are requested to form a circle wise team and the details may please be mailed to firstname.lastname@example.org to arrange a combine meeting in due course to discuss the issues associated with LDCE and LDCE seniority. Circle level team will communicate the activities and coordinate all members of the circle.
23-09-2011- Eligibility and vacancy year for JTOs appearing for LDCE under 33% quota. [Letter]
Urgent: All LDCE passed officers of LDCE 2000, 2002, 2003 & 2007 read the judgments posted at website and arrange meeting of LDCE passed officers at their SSA to decide the strategy to defend Sadashivan case. If you remain silent, you will lose your seniority to the date of your regular posting. This has time limit. Act fast and mail your combine decision on mail email@example.com.
All new recruited JTOs with three year service are eligible for LDCE. As per DOPT OMs BSNL has to fill all vacancies year to year basis but BSNL is filling seniority cum fitness quota only through DPC keeping LDCE quota pending. This creates seniority problem for LDCE passed officers. As per provisions in DOPT OMs, all the promotions before filling direct recruit quota or competitive quota should be treated as adhoc instead of regular and can be made regular only from the date of recruitment of direct recruit quota.
All competent officers should be alert and oppose every attempt of BSNL to conduct any DPC before filling competitive quota as per OMs of DOPT.
- If Associations are not filing case against Sadashivan case ask them to stop
all competitive examinations. All DPCs conducted since 1989 to 2002 are
illegal. The promotions till holding of LDCE are ad-hoc in nature. Court cases
need to filed to do away with injustice. All promotions need to be converted
into ad-hoc SDE instead of regular SDE and may be regularized from the date
of posting of LDCE passed candidates. Then only LDCE Executives will get
correct seniority as per the provisions in RRs.
Seniority of December 2002 LDCE passed officers should be fixed above 1966 excess promotes. Moreover, among remaining 1663 promotions (1998 DPC) in the ratio 3:1, otherwise the promotions should be treated as adhoc till the posting of LDCE passed officers. Click here for Draft << seniority case>>
The LDCE passed officers those have got seniority for the vacancy year 1996-97, 97-98 & 98-99 may file the case to restore their seniority above 1966 excess promotes and those who have got seniority of 99-2000 & 2000-01 should fight to revise their seniority among 1966 in the ration 3:1.
Sadashivan Case: Disadvantage of posting as SDE Legal i.e.
petitioner and defender, both are same. No effort from BSNL Lawyer to read same
OMs and defeat the cunning and misrepresented move. This verdict is against all
competitive passed officers since 1988 to 2007. It is time to unite and fight
for the rights. See inputs in restricted download. <<Mumbai CAT Judgment>>, <<Mumbai HC Judgment>>