ALL INDIA BSNL EXECUTIVES’ ASSOCIATION

TAMILNADU CIRCLE

Let us save our BSNL which saves us!

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President Secretary Finance Secretary

N.BANGARU KRISHNASAMY S.SIVAKUMAR P.VENKATESAN

9486100531 9486102121 9486101325

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Letter No. AIBSNLEA/CHQ/ND/2014-15/84 dated at Chennai the 8-10-2015

To

The Chief General Manager

Tamilnadu Telecom Circle

Greams Road

Chennai-600006

Respected Madam,

Sub: Grant of Assured Career Progression (ACP) scheme to Stenographers – reg

Ref: 1) BSNL CO Lr.No.15-70/2007-Pers.II dated 21st April, 2009 issued based on the

Judgments of Hon’ble High Court of Judicature at Madras and Hon’ble High court of

Kerala.

2) BSNL Corporate Office, New Delhi vide Order No. No. 106-2/2011-CSS Dated 6th

December, 2013 granted Extension of benefit of Time Bound Pay Scale upgradation under the 'Promotion Policy' to non-executives granted executive scale(s) under the erstwhile A.C.P. Scheme in BSNL.

We would like to bring it to your kind notice that the implementation of the ACP for Stenographers who have completed 24 years and 31 years issued vide BSNL CO, New Delhi Lr.No.106-2/2011-CSS dated 6-12-2013 are held up in the Tamilnadu Circle of BSNL alone despite clear orders granting ACP to Stenographers on the following lines:-

1.  ACP was granted to the Stenographers in the field units in the IDA Pay scale on completion of 12/24 years of regular service with effect from 1-1-2004 vide BSNL Corporate Office vide No. 25-5/2005-Pers-II dated 12.09.2005. It was also ordered that Stenographers who were granted financial up gradation under the ACP Scheme in the old pay structure may also be brought to the respective restructured IDA scale with effect from 1-1-2004.

2.  Later the applicability of ACP Scheme to the BSNL employees as per CDA scales applicable in Government set-up was withdrawn vide letter No. 25-4/2006-Pers.II dated 20th August 2007. Subsequently the aggrieved Stenographers of Kerala and Tamilnadu Circles were approached the respective Hon’ble Courts against the withdrawal of the said order. As per the directions of the Hon’ble High Court of Kerala judgments dated 29-5-2008 & 27-6-2008 and Hon’ble High Court of Judicature at Madras dated 28-10-2008, the BSNL has cancelled their order dated 20-8-2007 and reinstated the financial upgradation under ACP scheme as envisaged in the BSNL letter No.25-5/2005-Per.II dated 12-9-2005 and made applicable to the restructured cadre of Stenographers of field units and issued necessary directions to implement ACP Scheme to the Stenographers of field units vide BSNL order No. 15-70/2007-Pers.II dated 21-4-2009.

3.  It was further clarified that ACP Scheme may be followed till the promotion policy is finalized by BSNL or until further orders whichever is earlier. The promotion policy of Non-Executives were issued vide No. 27-7/2008-TE-II dated 23-3-2010 for employees in the IDA pay scales of NE-I to NE-10. In the said Non-Executive promotion policy the option to continue in the erstwhile time bound promotion schemes were stated under para 5.1 “An individual non-executive employee may, however, opt to remain out of the purview of this scheme to continue in his erstwhile time bound promotion scheme. Such option to remain out of the purview of this policy will have to be exercised within one month from the date the circle authority, SSA Head asks for such option at the time of implementation of the policy with reference to the first review date”. Accordingly Stenographers have given option to continue the erstwhile promotion scheme of ACP. The para 5.2 of the NEPP order states that the promotion of such person who opts to continue in his/her erstwhile time bound promotion scheme viz., OTBP/ BCR/ Grade-lV/ ACP etc. will be governed by the provisions of such schemes as existed on 01-10-2000 i.e. the date on which BSNL was formed unless any change is specifically ordered or agreed to by the BSNL Management after issue of this policy. Further it is also stated in para No. 5.2 of NEPP that “The cases settled prior to the issue of this order need not be re-opened unless the employee himself opts for this NEPP”.

4.  It is also submitted that in the clarification issued vide BSNL CO, New Delhi vide order No. F No.13-2/2010-TE dated 20-8-2010 it is clarified on the point raised on “some Steno Grade-D and some UDCs have been granted ACP and are placed in the pay scale of 9850-250-14600. However these officials will be covered under the NEPP” for which it was clarified that as per provisions, only Non-Executive employees in a substantive Non-Executive Post and drawing Non-Executive pay scales of NE-I to NE-10 will be covered under NEPP”. Here the Stenographers who have opted for the erstwhile ACP scheme are placed in the Executive E1/E2 scale and hence not covered under NEPP. In this regard so many clarifications have been issued by BSNL CO, New Delhi.

5.  Stenographers are neither covered under EPP scheme being non-executive cadre nor covered under NEPP being in the E1/E2 scales. Therefore, BSNL Corporate Office, New Delhi vide Order No. No. 106-2/2011-CSS Dated 6th December 2013 granted Extension of benefit of Time Bound Pay Scale upgradation under the 'Promotion Policy' to non-executives granted executive scale(s) under the erstwhile A.C.P. Scheme in BSNL. Based on the above said orders ACP-I/ACP-2/one additional increment has been granted to the Stenographers who have opted for the erstwhile ACP scheme. As per the said order a Stenographer is eligible for 1st ACP on completion of 12 years of service, 2nd ACP on completion of 24 years of service and one additional increment on completion of 7 years from the 2nd ACP.

Based on the above orders, ACP has already been implemented in Andhra Circle, Karnataka Telecom Circle, Chennai Telephones, BSNL Corporate Office, New Delhi and Kerala Circle, copies of the ACP orders are enclosed herewith for ready reference please.

Based on the judgments of Hon’ble High Court Judicature at Madras and Hon’ble High Court of Kerala, BSNL Corporate office has issued orders vide No.15-70/2007-Pers.II dated 21-04-2009 regarding grant of financial upgradation under ACP. In accordance with the orders contained in the above cited Corporate Office New Delhi letter, VCR and Special Reports have been called for towards the grant of 2nd ACP to the Stenographers. But it is learnt that the DPC process has been stalled in the light of the orders contained in BSNL CO, New Delhi Lr.No.15-07/2011-Pers.II dated 18th August, 2015.

In this regard, it is submitted that the clarification issued by the CO, New Delhi vide letter No.15-07/2011-Pers.II dated 18-8-2015 is only applicable to the Grade-I Stenographers and Grade-II Stenographers who became PA on 1-1-2004 and not for the Grade-III Stenographers who have completed 24 years of service and waiting for their 2nd ACP.

Hence, it is requested to kindly look into the matter and arrange to issue necessary orders for grant of ACP in accordance with the Order No. 106-2/2011-CSS Dated 6th December, 2013 issued by BSNL Corporate Office.

Thanking you Madam

Yours Sincerely,

( S.SIVAKUMAR)

Circle Secretary,

AIBSNLEA, Tamilnadu Circle

Copy to :

1.PGM(F), O/o CGMT, Chennai-6- For favour of kind information and n/a please.