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Item No. 37/ C-III O.A. No. 3500/2016
M.A. No. 3042/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 3500/2016
M.A. No. 3042/2016
This the 18th day of January, 2023
Hon’ble Mr. Ashish Kalia, Member (J)
Hon’ble Dr. Anand S Khati, Member (A)
1. RAJEEV CHAUHAN AGED 38 YEARS, S/O P.S.
CHUHAN R/O B-59, SECTOR -72, NOIDA, (U.P.)
2. VIJAY KUMAR RAWAT S/O- RAM DUTT RAWAT
AGED ABOUT-39 YEARS QTR NO. 45, TYPE-IV,
GOMTI BLOCK ALTTC CAMPUS ,GHAZIABAD,
UP. PIN:201002.
3. RAJESH KUMAR S/O- LATE BRIJ NATH GUPTA
AGED ABOUT 38 YEARS QTR NO. 19, TYPE-IV,
GODAWARI BLOCK ALTTC CAMPUS
GHAZIABAD, UP.PIN:201002
4. VIJAY KUMAR S/O- RAM KRISHNA AGED ABOUT
41 YEARS QTR NO. 6, TYPE-IV, GODAWARI
BLOCK ALTTC CAMPUS, GHAZIABAD, UP
PIN:201002
5. SANJEEV GANGOLI S/O- LATE SHRI PRAHLAD
SINGH AGED ABOUT -37 YEARS QTR NO. A5,
TYPE-IV, TELEPHONE EXCHANGE COMPOUND,
SECTOR-19 NOIDA, UP. PIN: 201301
6. PARAMJIT SINGH SAGGI SH GURMUKH SINGH
VPO SOHANA TEHSIL AND DISTRICTRICTT
MOHALI PUNJAB
7. HARPRIT SINGH SH. AMRIK SINGH ARORA
#2313, TELEHOS SOCIETY, SECTOR 50 C,
CHANDIGARH C
8. BHUPENDRA DHUBKARYA SH. HEERALAL
DHUBKARYA # 664B BSNL QUARTER SECTOR
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M.A. No. 3042/2016
44 A CHANDIGARH
9 RAHUL SRIVASTAVA SH.R C SRIVASTAVA
# 2774,GROUD FLOOR,SEC 49 D,CHANDIGARH
10 MANISH AGRAWAL SH. GIRIRAJ KUMAR
AGRAWAL 35 YEARS C-108, SHYAM NAGAR,
NEAR COMMUNITY CENTRE, SODALA, AJMER
ROAD, JAIPUR-302019 (RAJASTHAN)
11. BHUPENDRA GOSWAMI SH UDAI BHAN
GOSWAMI 39 YEARS 233, IST FLOOR, TAGORE
NAGAR, AJMER ROAD, JAIPUR-302021
(RAJASTHAN)
12 SUDEEP KUMAR SHARMA SH. BHAGAT RAM
SHARMA 38 YEARS QTR NO. IV/33, SANCHAR
VIHAR COLONY, MALVIYA NAGAR, JAIPUR-
302017 (RAJASTHAN)
13 GAJANAD GUPTA SH. LAXMI NARAYAN GUPTA
42 YEARS QTR NO. I/157, SANCHAR VIHAR
COLONY, MALVIYA NAGAR, JAIPUR-302017
(RAJASTHAN)
14 DHEER sINGH MEENA SH. RAM JI LAL MEENA
38 YEARS QTR NO. 141, SANCHAR VIHAR
COLONY, MALVIYA NAGAR, JAIPUR-302017
(RAJASTHAN)
15 MUKESH PARETA SH. RAM RATAN PARETA 39
YEARS QTR NO. IV/142, SANCHAR VIHAR
COLONY, MALVIYA NAGAR, JAIPUR-302017
(RAJASTHAN)
16. DHEERAJ KUMAR TAMBI SH. OM PRAKASH
TAMBI 37 YEARS C-311, ADJ. KSHETRAPAL
HOSPITAL, PANCHSHEEL NAGAR, MAKARWALI
ROAD, AJMER-305004 (RAJASTHAN)
17. MADAN MOHAN KHATIK SH. LAXMI NARAYAN
40 YEARS H. NO 278, EIDGAAH ROAD
JAMBESHWAR NAGAR, VAISHALI NAGAR,
AJMER-305006 (RAJASTHAN)
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Item No. 37/ C-III O.A. No. 3500/2016
M.A. No. 3042/2016
18 RAVINDER SINGHPOORAN CHAND 365
SECTOR 26, PANCHKULA-40
19 GAURAV TRIPATHI G.K.TRIPATHI
#535 F.F,SECTOR-20A, CHANDIGARH, 16002040
20. NAVNEET KUMAR PRATAP SINGH #132
FF.GREEN ENCLAVE, LOHGARH ROAD,
ZIRAKPUR, DISTRICTRICTRICT SAS NAGAR,
PUNJAB-14060336
21. MUKESH KUMAR KURDIYA MURLI DHAR
KURDIYA 2017, SECTOR 21, PANCHKULA-41
22 RAJESH KUMAR SAINI SHRI KISHORI LAL SAINI
H.NO 268, SECTOR-12A PANCHKULA,
HARYANA 36YEARS
23. MUKUL AGARWAL MADAN MOHAN AGARWAL
#23, JAGRITI APARTMENTS, SHRI GANESH
VIHAR, DHAKOLI,ZIRAKPUR DISTRICTRICTT
SAS NAGAR, PUNJAB-16010436
24. MOHINDER KUMAR SOM NATH #103/4 ROYALE
ESTATE, ZIRAKPUR, DISTRICTRICT. MOHALI,
PUNJAB-39
25. ANSHU SINGHALA ROSHAN LAL SINGHALA 505,
GHS 102, SECTOR 20. PANCHKULA,
HARYANA, 134112 40
26 ARUN KUMAR RAGHUNATH SINGH #398 D3
BLOCK,4TH FLOOR PENTHA HOMES VIP RD
ZIRAKPUR-41
27. KARAN SINGH RANGA S/O-SH. BHANA RAM
AGE: 36 YEARS ADDRESS: FLAT NO. 263,
SOLITAIRE DIVINE, DHAKOLI, ZIRAKPUJR,
PUNJAB.
28 GAURAV KUMAR GUPTA RAMESHWAR DASS
GUPTA 503, PRAKASH TOWERS, PEER
MUCHALLA, PUNJAB- 14010337
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M.A. No. 3042/2016
29 ANURAG BANSAL VINOD KUMAR BANSAL 506,
GHS 102, SECTOR 20, PANCHKULA,
HARYANA, 13411239
30. SUDHIR GUPTA S/ RAMESHWAR KUMAR FLAT
NO. 10A, DIVINE APARTMENT, LOHAGADH
ROAD, ZIRAKPUR, PUNJAB.14060340
31 VIJAY KUMAR BANSAL S/O SANT RAM
BANSAL15 GC, RAIL VIHAR MDC-4
PANCHKULA 13411443
32 PARVEEN KUMAR VINAYAK SH.JODHA RAM
VINAYAK H.NO-2541, SEC-21 PANCHKULA-41
33. SANJAY SAWHNEY OM PARKASH SAWHNEY
2647 SECTOR 21,PANCHKULA, HARYANA
13411640
34. AWADESH KUMAR RESIDENT OF FIRST FLOOR,
R.T.T.C. BLDG, SECTOR -G, L.O.A. COLONY,
LUCKNOW ( U.P.)
35. SUBHAS KUMAR SARKER S/O SRI HIRENDRA
NATH SARKER 37 YEARS 74/61, MULAJORE
ROAD, PRITINAGAR P.O. JAGADDAL DISTRICT
24 PGS (N) PIN-743125 WEST BENGAL
36. DINESH KUMAR 40 SRI KALKA PRASAD SDE
(ADMIN) O/O GMTD BSNL OFFICE LALTPUR
ROAD JHANSI (U.P.) 284001.
37. SATENDRA YADAV 41 SRI RAMSHANKAR
YADAV SDE (PLANNING) O/O GMTD BSNL
OFFICE LALTPUR ROAD JHANSI (U.P.) 284001
38. SHIV KUMAR JATAV 40 SRI RAM SEWAK SDE
(LALITPUR) O/O GMTD BSNL OFFICE LALTPUR
ROAD JHANSI (U.P.) 284001
39 PRABUDDH SINHA S/O- RANG NATH SINHA SDE
(INDOOR) O/O TDM ALFASTEEN GANJ (NEAR
HEAD POST OFFICE) BSNL JAUNPUR U. P..
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M.A. No. 3042/2016
222001
40 MUKESH KUMAR PARETA S/O- SHRI RAM
RATAN PARETA AGE: 39 YEARS
TYPE/142,SANCHAR VIHAR COLONY, NEAR
TRIMURTI APPT, MALVIYA NAGAR, JAIPUR-
302010,RAJASHAN
41. RAMANAND SRIVASTAVA S/O SRI LAXAMAN
PRASAD 42 YEARS #662 A SECTR 44 A
CHANDIGAR
42 DAL SINGH SODHI S/O SRI UDAY RAM SODHI
41 YEARS # 11/577 STREET NO 10, KIRTI
NAGAR, SIRSA, HARYANA.
43 GIRIRAJ SHARMA SH. RAMSWAROOP SHARMA
40 YEARSNEAR HANUMAN TEMPLE, SHRIRAM
NAGAR,KOTA-324004(RAJ)
44. SUDHIR GUPTA S/O- LATE SH. RAMESHWAR
KUMAR SDE (PMS) O/O SR. GM, ITPC
TELEPHONE EXCHANGE, SEC-20,
PANCHKULA - 134117 (HARYANA) AGE- 40
YEARS
45 NAYEEM MANSOORY S/O IMAM. MANSOORY
NAYEEM MANSOORY 6-D-41,VIGYNA NAGAR
EXT KOTA-324005 RAJASTHAN
46 KRISHANN KUMAR KHANDELWAL, S/O
LAXMINARAYAN 36 YEARS 3/67, TELECOM
COLONY, MALVIYA NAGAR, JAIPUR-302017
47. ARUN KUMAR S/O- MOHAN LAL AGE: 37YR H
NO 931-B, SECTOR-43A, CHANDIGARH.
48. DHANJIT KUMAR GUPTA S/0 T.M.GUPTA
QUARTER NO 2/ IV BSNL RTTC COLONY
SECTOR G LDA COLONY KANPUR
ROAD,LUCKNOW PIN-226012
49 ASHUTOSH, S/O SH. HARI RAM SHARMA, 36
YEARS, H.NO.936, SECTOR-43A, CHANDIGARH-
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M.A. No. 3042/2016
160022
50 AMIT KUMAR TANEJA, S/O SH. KHUSHI LAL
TANEJA, 2274,GROUND FOOR,BLOCK NO. 2,
SECTOR-63,CHANDIGARH
51. NARESH KUMAR S/O SH CHARAN DASS E1-
107,PU CAMPUS,SECTOR 14,CHANDIGARH
52. GAJENDER SOM VANSHI B.S.N.L, NODAL
CENTRE PHASE-IV,MOHALI (PUNJAB)
(9963200400 )
53. ANWAR PRAKASH B.S.N.L. CMTS, NODAL
CENTRE MOHALI PUNJAB-(9417493195)
54. VIKASH GUPTA S/O KAMLESH KUMAR GUPTA
AGED 38 YEARS MAYAURAN COLONY,
BARWAN KARNAL HARYANAA
55. SWARANJIT SINGH S/O BALJIT SINGH 942-C.
SECTOR-43-A, CHANDIGARH.
56. RAMESH SINGH S/O LT. SHIVDHAR SINGH
AGED 40 VILLAGE HARIPARA, POST-
GONTHA DISTRICT - MAU (U.P.) PIN 275303.
57. VINOD KUMAR SINGH ,TELEPHONE EXCHANGE
SADIPUR FATEHPUR-212601 (U.P.)
58. SHRAWAN KUMAR TELEPHONE EXCHANGE
SADIPUR FATEHPUR-212601(U.P.)
59 ASHISH KUMAR JAISWAL
TELEPHONE EXCHANGE SADIPUR FATEHPUR -
212601(U.P.)
[ALL ARE WORKING AS S.D.E. (T) IN B.S.N.L.]
…Applicants
(By Advocate : Mr. M.K. Bhardwaj)
Versus
1. B.S.N.L. through its Chairman Cum- Managing
Director, Bharat Sanchar Bhawan, Harish Chandra
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Item No. 37/ C-III O.A. No. 3500/2016
M.A. No. 3042/2016
Mathure Lane New Delhi -1100001
2. The Director( H.R.) B.S.N.L. Bharat Sanchar
Bhawan, Harish Chandra Mathure Lane New Delhi
-110001
3. The General Manager (Persornel ), B.S.N.L
Bharat Sanchar Bhawan, Harish Chandra Mathure
Lane New Delhi -110001
Respondents
….Respondents
(By Advocate : None)
ORDER (ORAL)
Hon’ble Mr. Ashish Kalia, Member (J)
By virtue of the present OA, the applicant is seeking
the following reliefs:
“ a. Pass an order that as one increment is already is being
provided to 67% quota and last L.D.C.E. Examination quota
hence, similar one increment should be provided to the aggrieved
party for being promoted from J.T.O. to S.D.E (T)
b. Pass any other further orders/directions which this Hon’ble
Tribunal may deem fit and proper.”
2. Applicants working as Sub Divisional Engineer in
BSNL and they were promoted as JTO through a
competitive examination called L.D.C.E. Due to
administrative delay financial benefits have not been given
to the applicants. Applicants as under 67% quota.
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Item No. 37/ C-III O.A. No. 3500/2016
M.A. No. 3042/2016
Applicants are aggrieved of grant of one increment on
promotion which is not given to the applicant despite
having cleared in the examination. Para 5.12 of the reply
reads as under:
“ That the Contents of Para 5.6 to 5.12 of the Grounds
under reply are wrong and denied and the Applicant be put
to strict proof with regard to the averments made therein. It
is wrong and specifically denied that scheme of the
Respondents is a mere hoax or there was any inactivity on
the part of the Respondents to follow its policy. It is wrong
and specifically denied that the Respondents are treating
equals in an unequal manner or was giving deaf ear to the
judgments pronounced by the Hon'ble Supreme Court of
India. It is wrong and specifically denied that employees are
being prejudiced by the administrative or judicial delay of
the authority or that the activities of the authority are illegal
or unsustainable in the eyes of law. It is respectfully
submitted that the various grounds raised by the
Applicants in the present Application are vague,
unsubstantiated, unfounded, baseless and illegal and the
same deserves to be disregarded and thus the present
ground raised by Applicants being devoid of any merit are
liable to be dismissed. It is respectfully submitted that the
scheme of Executive Promotion Policy (EPP) was introduced
by BSNL with a sole aim to grant the scale of higher post,
subject to certain terms and conditions, on non-functional
basis, to those officers who were stagnating without post
based/functional promotion to the next higher grade. The
Executive Promotion Policy (EPP) was thus put in place by
BSNL to bring relief to those executives who have been
languishing in one post/ pay scale for years and the
Applicants were beneficiary of the said Executive Promotion
Policy (EPP) in the past when they were holding the post of
JTO in E-1 scale while getting the pay scale of E-2 and later
F-3 and at that time, none of the said Applicants had ever
raised any objection to the implementation of the said
Executive Promotion Policy (EPP) because they were
immensely benefitting from the same. It is further
respectfully submitted that had these Applicants not
qualified the LDCE examination, they would have never
agitated the conditions of Executive Promotion Policy (EPP)
before this Hon'ble Tribunal and would have continued to
enjoy the benefits of E-3 pay scale despite being the JTO's
(E-1 pay scale). Thus the Applicants cannot be allowed to
pick and choose the terms and conditions of Executive
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Item No. 37/ C-III O.A. No. 3500/2016
M.A. No. 3042/2016
Promotion Policy (EPP) when it was benefitting them
financially for so many years and to shun the same when
they perceive it to be against their diabolical plan to get one
increment in defiance of the said Executive Promotion
Policy (EPP).”
4. In view of the above the representation dated
17.03.2015 shall dispose of by passing a reasoned and
speaking order within a period of eight weeks’ from the
date of receipt of the copy of this order. The applicant
similar situated persons already grant if the respondents
consider the case of the applicant.
6. The present OA as well as associated MAs stands
disposed of in accordance with law.
7. There shall be no order as to costs.
(Dr. Anand S Khati) (Ashish Kalia)
Member (A) Member (J)
/arti/
