Welcome LDCE BSNL Officers Web
<Updated on June 05, 2013.>
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>>