No. AIBSNLEA/AP/Gen. Corr/2016-17/VOL-II/29, Dated 05-08-2016

No. AIBSNLEA/AP/Gen. Corr/2016-17/VOL-II/29, Dated 05-08-2016

To

The Chief General Manager Telecom,

BSNL, AP Circle, Hyderabad – 500 004.

Respected Sir,

Sub :Implementation of directions in the judgment dated 12-07-2010 in

TA No.110/2008 of Hon’ble CAT, Ernakulam Bench – Reg.

Ref : (1) Order dated 12/7/2016 of Hon’ble Supreme Court of India dismissing the

Petition for Special Leave to Appear (C) No. 13030/2012 (arising out of

impugned final judgment and order dated 25/08/11 in OPC No. 984/2010

passed by the High Court of Kerala at Ernakulam.

(2) CAT Ernakulam Judgment dated 12/7/10 on TA No. 110/2008.

******

Your kind attention is invited to the Hon’ble CAT, Ernakulam Bench judgment referred at (2) above in the case of BSNLPSA & OTHERS V/S BSNLwhich read as “we direct the respondents to work out the vacancies in the four cadres of Stenographers, namely, Senior Personal Assistants, Stenographer Grade I, Stenographer Grade II and Stenographer Grade III as on 31/12/2003 and fill up those vacancies in accordance with the then existing rules. The aforesaid directions shall be complied with, within a period of three months from the date of receipt of a copy of this order.” Copy of the same is enclosed herewith for your ready reference.

The Hon’ble High Court of Kerala has dismissed the appeal filed by BSNL Management vide OP (CAT) No. 984 of 2010 (S) against the said Hon’ble CAT, Ernakulam Bench judgment. Subsequently Hon’ble Supreme Court has also dismissed the Special Leave Petition vide the Order referred at (1) above, filed by the BSNL management against the decision of the Hon’ble High Court of Kerala vide OP (CAT) No. 984 of 2010 (S).

Contd…2

::: 2 :::

Hence, the directions of Hon’ble CAT, Ernakulam Bench in TA No. 110/2008 is required to be implemented without any delay. It may please be noted that the date of judgment of Hon’ble CAT was on 12.07.2010 and the date of dismissal of SLP filed by BSNL management is on 12.07.2016, resulting irreparable loss of 6 years promotional benefits to the concerned officials, which is to be compensated immediately in the light of dismissal of SLP by the Apex Court. Due to the prolonged legal battle, the stenos working in AP Circle suffered a lot and we earnestly request your good self to implement the directions of Hon’ble CAT Ernakulam Bench in TA No 110/2008 in its true spirit and fill up all the vacant posts in the cadre of Steno Grade II as on 31.12.2003.

It is pertinent to mention here that all these stenos are already drawing the pay scales of executives as per the provisions of the then ACP scheme. Hence, there will not be any financial burden on the BSNL management in implementing the judgment.

In view of the unnecessary hardships already suffered by these officials, further delay in implementation of the Hon’ble CAT direction may kindly be avoided and necessary action may be initiated immediately.

Following are enclosed:

1. CAT Eranamkulamjudgement

2. High Court Ernamkulamjudgement

3. Supreme Court judgement.

Thanking you,

Yours faithfully,

(Circle Secretary)

AIBSNLEA,

AP Circle.

Copy to:-

1. The GM(HR), % CGMT, AP Circle.

2. Com. Prahladrai, General Secretary, AIBSNLEA, New-Delhi.