Dear Brothers and Sisters
Namo Buddhay Jai Bheem
Some Facts of Associations Efforts in the night of 30th December 2022 at BSNL CO on DGM (T) Regular Promotions:-
Since BSNL CO has called for VC for DGM Adhoc to DGM Regular Promotions everything was going on smooth and by understanding the fact that certain Vacancies will be created in AGM Cadre with these DGM Promotions, the process of SDE to AGM Promotions was also started. But all of sudden someone has pointed out the pending court case in Chandigarh Court Case 731/2017 by sending SMS to one of prominent officer in BSNL and informed about directions in pending court case which may call for contempt of court. The alert management and super alert officers in Pers section BSNL CO found out the case and called for legal opinion first verbally and then in writing which has halted the process of promotions from DGM Adhoc to DGM Regular and in turn the process of Promotion from SDE to AGM also was halted.
By understanding the untimely issues created since 27/12/2022, the leaders of SEWA, SNEA, AIGETOA, AIBSNLEA had discussed the issues with all concerned officers in Pers, DPC and legal Section of BSNL and it was informed that the legal case is there and all were of the opinion that issuing DGM Regular Promotions may or may not call for contempt.
As issues were not clear at lower level on 29/12/2022, all the leaders have asked time for meeting with CMD BSNL. Finally, we had meeting with CMD BSNL at 1900 Hrs wherein we have submitted our views in writing and requested for kind intervention. CMD BSNL responded that he also is informed that his legal team has called for legal opinion from Adv. K.K. Thakur BSNL Council and he has conveyed issues in going ahead with DGM Regular Promotions. But he added that in recent BSNL Board meeting the decision has been taken to consider three promotions as per old MSRRs 2009 i.e. Promotion from DGM Adhoc to DGM Regular, SDE Civil to EE Civil and AO to CAO and hence there is no need of worry. We brought to notice of CMD BSNL that the date of joining at higher post as on or before 1st January is important as these DGMs will not loose one year in eligibility criteria and if this DGM promotions are not happening then the SDE to AGM promotions will also not happen even though VC has been called and all are eagerly waiting for their promotions.
We have elaborated that this is very old case already decided in July 2018 with clear directions to go ahead with promotions and give consideration of applicant subject to their eligibility.
We narrated that out of three applicants, no one is in service as on today as Main applicant Shri. Naresh Thakur has retired on superannuation well before VRS and unfortunately, he is no more in this world. Other two applicants have opted for VRS 2019 and none of them is in service as on today. We also narrated that BSNL has issued Adhoc DGM promotion orders against which this case was filed and this court judgement is related to case of DGM Adhoc promotions and not at all related to DGM Regular promotions. We also elaborated that status quo mentioned is till the next date of hearing and same has been over in 2018 with final decision and no action has been taken by BSNL or applicants since then till today even after BSNL issued again DGM Adhoc promotion in Feb 2020 .Thus BSNL already done contemptuous action but nobody went for contempt till today, though contempt filling period already expired in 2021. As such, there is no issue as being reported. CMD BSNL responded that he has not gone through details of legality and he has shared what he was updated. CMD BSNL directed to have detailed discussions with Director HR and GM Pers and if they agree he will be most happy to issue DGM Regular as well as AGM Regular promotions as he has ample time in hand.
Accordingly on 30/12/2022, SNEA, SEWA, AIGETOA, AIBSNLEA leaders have held discussions with GM pers, DGM Legal etc and updated the facts. It was cleared that advocate K.K. Thakur, the BSNL Council in the pending court case at CAT Chandigarh, has not given legal opinion in writing and he has shared opinion only telephonically. Meantime we have meeting with Director HR BSNL Board at 1500 Hrs and he gave patience hearing to our say. Though he was firm on the legal opinions, after explaining factual position by leaders, he has arranged special meeting along with GM pers and DGM legal to discuss the issues in depth.
Thereafter, GM Pers has called second but in writing legal opinion from BSNL empaneled Advocate Shri. Agarwal from Delhi and he was kind enough to visit BSNL CO and check the records and submit the legal opinion on same day.
Thereafter, the leaders of SEWA, SNEA, AIGETOA, AIBSNLEA and TOA had internal discussions on the legal issues of the pending court case on DGM promotions and checked pros and cons of the legal issues and fear of contempt. Thereafter as scheduled the leaders of SEWA, SNEA, AIGETOA, AIBSNLEA and TOA had marathon discussions with Director HR BSNL Board from 1730 hrs to 2010 hrs where all the points including the legal opinion was read, understood, clarified and discussed line by line and word by word. Director HR was kind and humble enough to understand issues and how there is no objection by applicants even though seniority list is published two times, VC has been called for DPC and even though DGM Adhoc promotions are issued wherein issues if any needs to be raised by applicants after issuing promotion orders. After such deep and point to point discussions, we were successful in convincing Director HR BSNL Board, about the concern of all Associations that there is no legal issue in the DGM Regular Promotions.
It was agreed by Management that no action has been taken in this regard since 2018 even when the DPC process was started and this issue has been reported after start of process. It was quite possible, to get issues cleared from court when court was open and now there is vacation and matter cannot be cleared from court also.
Thereafter it was decided to have discussions with Advocate Agarwal and one online meeting was called wherein detailed discussions held by Director HR BSNL Board and the leaders of associations also put their views. We have successfully convinced the advocate giving legal option that there are no legal issues of contempt if BSNL goes ahead with the DGM Regular promotions. Finally Advocate Agarwal conveyed that he agrees with persuasion by associations but there is technical issue if BSNL goes with promotions without taking concurrence of court and it may call for contempt of court and was unable to confirm what will be intensity of the contempt and he clarified that it depends on authority to decide the contempt. He also made it clear, that his duty is to give legal advice and final call is to be taken by BSNL Management.
In case of DGM Promotions, CMD BSNL is competent authority to take final call and approve the promotions.
But CMD even denied to discuss with Dir HR when Dir HR was convinced after discussion with Associations leaders and went to CMD Chamber whereas CMD BSNL had told in earlier meeting that he will go ahead as per HR view.
Finally, CMD BSNL has decided to go ahead with legal opinion and issued directions to file MA in court and get issue cleared from court and assured to issue orders immediately on getting clearance from court. The court will reopen on 02/01/2023.
As such, it is unfortunate that even after full preparations and high expectations till last date of year, the chances of issuing DGM Telecom promotions before 01/01/2023 are over, but if BSNL Management is successful in filing MA and clearing court case, these promotions will be given consideration in new year but as per old MSRRs 2009 and it may happen in early January 2023 itself.
The SDE to AGM Telecom promotions were to be issued on the basis of vacancies created with DGM promotions and hence same also was not possible before 01/01/2023. But we will keep on our persuasion with hopes for early promotions orders for DGM and AGMs . Subsequently we will pursue for JTO to SDE Promotion also.
Our efforts to cancel the Notification of MSRR-2023 is going on.
Regards
N D RAM GS