19 Sep Articles
UPDATE ON CASE FOR REPLACEMENT OF PAY SCALES
As per direction of Hon'ble CAT Chandigarh while disposing off the AIGETOA's contempt petition filed against DoT, Fresh OA has been filed at Hon'ble CAT bench of Chandigarh challenging the P.O. Issued by DOT for settlement of Intermediary Pay Scales of E1A and E2A. We know that there was a lot of apprehension and anxiety amongst the executives specially those who were members of AIGETOA as almost 5 months have passed since the Hon'ble Court gave direction for filing a fresh OA. This was a deliberate delay as we were waiting for DPE's reply on the clarification sought by DoT after a series of meetings with Hon'ble MoC. We wanted to ensure that the case filed should be a rugged and substantive case and not like others who file cases just for fun or for seeking the attention of the similarly placed candidates. We believe in genuine persuasion and not indulge in stunt making on websites. That was the reason, we were silently working on these cases which will ensure and define the future of all BSNL recruits if disposed of in favor of AIGETOA. While we have been pursuing the replacement of non standard scales with standard scales of E2 and E3 at Chandigarh, we have been pursuing for replacement of E1 scale with E2 scale at Hon'ble Ernakullam CAT. These cases will benefit all JTOs/JAOs, whether freshly recruited in E1 or whether recruited earlier in E1A scales.
The recent letter by DoT is just an afterthought script to save them in Std Pay Scale CONTEMPT case which they have committed by issuing referred PO in response to the Court Notices during original case of Std Pay Scale. Almost everybody knew that BSNL had its own JTO around 4500 already working before finally absorbing DoT staff in March 2004. Further, great thing to notice is that "Taking cue from the DoT Letter, Some corners have started the old rhetoric of E1 scale being decided for the BSNL recruits at the time of BSNL formation, while the fact is that this song is being sung only to prove some of their own historic blunders & wrongdoing to 'their act of benevolence'."
DOT surely knew that BSNL or DoT both could NOT give anything less than E1A to BR JTO as it would have not stood the test of law and especially in the light of the fact that at the time of notifying new IDA scales in 2004, BSNL had a staff of its own already working with such high numbers - 4500 after 2K1 & 2K2 Rectt. Yes, we do accept the notion of DoT that BSNL was free to devise their own scales for their own recruited JTO may be E2 or even E2A or even E3, but giving separate scale to BSNL recruits was not acceptable to our seniors, not because of act of benevolence but in light of the fact that different scales to BSNL recruits could not have been given without separating the two streams as two different cadres. Creating 2 separate Cadres could have only allowed BSNL to give different Pay Scales (either way out - Giving lower or higher to BR vis-a-vis DoT Absorbees) escaping judicial scrutiny of Equal Work Equal Pay. It is all clear but we are amazed at how brazenly they are still playing saviors!
The notesheet of DoT and BSNL & interim correspondence of all stakeholders and other records during the course of such negotiations from early 2000 up-to July 2003 will certainly reveal all this. Separate Cadres were avoided by both BSNL/DoT & existing functional associations of DoT in BSNL fearing the obvious repercussions it could have in future i.e. Separate Service Conditions for BSNL recruits.
DoT is writing that BSNL Erred in giving E1A to Fresh BSNL recruitswhile the presidential order issued by DOT in year 2003 shows that DOT itself has granted approval of E1A to existing BSNL recruited JTOs. Seems DoT itself had ERRED in giving that order 'in exercise of the powers conferred by the Article 145 of AoA of BSNL' and in the process they are perhaps indicating that Erroneous Presidential Orders have been issued.
And it took DoT, 18 long years to "dig-out" that Absorbed Executives from DoT to BSNL were eligible for E1A + Govt. Pension and same set of Absorbers to MTNL were eligible for E2 without Govt. Pension And BSNL erred (Without consent or knowledge of DoT !? ) in offering E1A to their own recruited 4500 JTOs.
It is like writing script/design of an invention after watching it displayed in front of you & then claiming patent also ! And yes Perhaps MTNL also would have erred in giving E2 to their recruited JTO. And Presidential orders issued in 2003 was also issued erroneously in while exercising his powers conferred in Article 145 of AoA of BSNL in doing so.
More intriguing the fact that the mightiest claimants and so called saviors instead of analyzing and discussing the course of action to set the things in right perspective, started passing the buck to other associations and in the process accepting the notion offered by DoT. And they call themselves the saviors and mightiest. Time for introspection for them and their supporters.
Despite the throwing the towel in the ring by the mightiest,AIGETOA HAS KEPT THE ISSUE ALIVE AND WILL CONTINUE TO DO SO. WE ARE DETERMINED TO GO TO THE LAST EXTENT AND FIGHT THIS GENUINE ISSUE TILL SUPREME COURT.
In the meanwhile, our team has also taken up the case of 22820 in legal way and we are in the process of filing a case and preliminary steps in this regard has already been initiated. We will ensure that this issue takes it logical conclusion and provides respite to the executives facing pay loss. We thank you Sh Surendra Kumar Ji for the support extended on this case.