19 Nov Articles

Final Hearing & Judgement by Hon'ble Madras High Court

The case for footnote 2 came for hearing in Hon'ble Madras High Court and the final hearing was held on 2nd November 2017. The judgement copy has been received today on 16 November 2017.

Hon'ble High Court has recognised the grievance of AIGETOA that the interests of the engineering graduates who have been recruited directly by BSNL has been overlooked. Hon'ble Court observed that in normal course, it is expected that when ever there is a promotional post for which persons from different cadre would be considered, it would be done by fixing them in a common pool and also a ratio for considering incumbents from each cadre. Hon'ble Court observed that petioners AIGETOA are aggrieved against the equation of the non engineering graduates, who are the existing incumbents for the posts of DE/DGM/CAO on the basis of footnote introduced to the recruitment rules and thereby depriving the petioners, who are engineering graduates.

Hon'ble Court agreed that there is some ambiguity with regard to such equation by way of the footnote to the recruitment rules. Hon'ble High Court observed that in equating the existing incumbents with the Direct Recruits, who possess the engineering graduation, it appears that there is some deprivation for the engineering graduates who are direct recruitees, the reservation/priority is not based on any method of equation or ratio. Hon'ble bench observed that this aspect requires clarification at the end of BSNL. Hon'ble Court directed BSNL that such disputes shall be gone through by forming a committee by BSNL to sort out the ambiguity in equating the direct recruitees and the existing incumbents, which exercise shall be completed within a period of three months from the date of receipt of the copy of the orders.