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Judgment
ORDER
By Ramesh Singh Thakur, JM.
The applicants are working as Junior Telecom Officer JTO(T). They are aggrieved by the impugned provisional All India Eligibility list (in short 'AIEL') of JTO (T) dated 12.10.2020 (Annexure A-5). The applicants are also challenging the integrated final seniority list published vide letter dated 12.10.2020 (Annexure A-5/A).
The applicants have sought for the following reliefs:
"8.RELIEF SOUGHT: It is, therefore, a humble prayed that this Hon'ble Court may kindly be pleased to:
(i)To call for the entire material record pertaining to the instant controversy from the respondents for its kind perusal;
(ii)To quash & set aside the impugned provisional All India Eligibility List of JTO(T) enclosed with the letter No. F.No. BSNLCO-PRII/28/11/2020-PERS-II dated 12.10.2020 (Annexure-A/5) & integrated seniority list enclosed with the letter F.No.BSNLCO-PRII/13/1/2020-PERS-II of JTO (T) 12.10.2020 (Annexure-A/5A);
(iii)To command & direct the respondent authorities to prepare the seniority list of JTO(T) in terms of the DoPT O.M. dated 07.02.1986 & 03.07.1986 (Annexure-A/2);
(iv)To command & direct the respondents to follow the roaster and instructions in the O.M. dated 06.01.2006 (Annexure-A/9);
(v)To command & direct the respondents to promote all eligible JTO(T) to the post of SDE(T) for the available SDE(T) Vacancies from 2011-12 to 2019-20 in the ratio of 1:1 by equal distribution of the SDE(T) vacancies between DR JTOs and PR JTOs;
(vi)To command & direct the respondents to promote PR JTO(T) against 50% of the total vacancies available under SCF Quota;
(vii)To command & direct the respondents to carry forward the unfilled 50% DR/PR vacancies and add to the corresponding DR/PR vacancies of the subsequent years as per the DoPT OM No.35014/2/80-Estt.D dated 07.02.1986;
(viii)To command to direct the respondents to restore the 5192 post of SDE (T), illegally diverted/upgraded to the cadre of DE/AGM in the name of implementing the new Time Bound Promotion Policy w.e.f. 01.07.2018 which was not implemented till date, in the interest of justice, and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case;
(ix)Grant any other relief/s, which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case to the applicants;
(x)Award cost of the instant lis to applicants."
Briefly stated facts of the case are that the applicants were initially appointed in the Bharat Sanchar Nigam Limited (BSNL) on different posts. The post of JTO(T) is filled 50 percent by direct recruitment and the remaining 50 per cent by promotion from amongst feeder cadre as per the JTO(T) Recruitment Rules, 2001 (Annexure A-1). After formation of BSNL, the direct recruitment process for appointment as JTO(T) was initiated in the year 2001, 2002, 2005, 2007, 2008 and 2010 and for promotion to the post of JTO(T) from the feeder cadre for the vacancies 2000 to 2012 was done in the year 2012 & thereafter in 2013, 2014 and 2015. However, due to the non conducting any Limited Internal Competitive Examination (LICE) till 2012, only directly recruited JTO(T) were appointed in the organization from 2001 to 2012.
The Office Memorandums dated 07.02.1986 and 03.07.1986 (Annexure A-2 collectively) issued by the DoP&T provides that seniority has to be fixed between the direct recruitees and the promotees based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules. The illustration given in para 3 below of Office Memorandum dated 07.02.1986 further provides for fixing inter-se-seniority between the direct recruitees and promotees. Thus, if the direct recruitees and promotees are not available in a particular year then the post of their quota has to be carried forward for the next year and their inter-se seniority will be decided accordingly.
The next promotional post for JTO(T) is SDE(T) and the post of SDE(T) is filled through 67% by p r o m o t i o n o n t h e b a s i s o f s e n i o r i t y - c u m - f i t n e s s b a s i s a n d 3 3 % t h r o u g h L i m i t e d Departmental/Internal Examinations. All the applicants were promoted to the post of JTO(T) through LICE for the vacancies advertised in the year 2012 and after completion of selection process & training they joined the post of JTO (T) in the year 2014. No selection process was initiated by the respondent organisation for filling up the vacancy of JTO (T) of promotional quota from 01.10.2000 and it is only after twelve years in 2012, notification was issued for filling up the vacancies of JTO (T) in the promotional quota. Hence, all the unfilled vacancies of JTO(T) through promotional quota were carried forwarded by the BSNL since its formation i.e., 01.10.2000.
The respondent organisation vide letter dated 23.09.2020 (Annexure A-4) have shown the vacancy position of SDE(T), which is about 4605 under 67% seniority-cum-fitness. As per the SDE(T) Recruitment Rules, 2002 (Annexure A-3), all the applicants became eligible for promotion to the post of SDE(T) after completion of three years of regular service on the post of JTO(T) in the year 2017 and onwards.
On 12.10.2020 (Annexure A-5) respondent organisation has issued a letter to all the Heads of Telecom Circles/Core Network/Training Centre of BSNL enclosing provisional All India Eligibility List of JTO (T) for holding DPC for promotion to SDE(T) against seniority quota. However, the seniority list of JTO (T) was not prepared after JTO(T) recruitment year 2008 and vide letter dated 12.10.2020, an integrated final eligibility list (Annexure A-5/A) and provisional seniority list (Annexure A-5) has been issued just before the DPC for promotion to the post of SDE(T) was to take place. Subsequently, on 16.10.2020 (Annexure A-5/B), respondent organisation has issued a letter to all the Heads of Telecom Circles/Core Network/Training Centre of BSNL for furnishing the gradation/particulars of JTO(T) promoted/recruited from the year 2009 to 2012 by 30.11.2020. The seniority list enclosed with the letter dated 12.10.2020 reflects that all direct recruited JTO(T) occupy higher positions from 2001 to 2008, which means that the instructions issued by the DoP&T dated 07.02.1986 & 03.07.1986 have not been followed by the BSNL while preparing the seniority/gradation list before publishing All India Eligibility List for promotion to the post of SDE(T) under seniority-cum-fitness quota. 3.5 The applicants submit that the issue of fixing the inter se seniority between direct recruitees JTO (T) and promotees was raised by the direct recruitees JTO(T) before the Ernakulum Bench of this Tribunal in Original Applications Nos.185 and 1081 of 2013 and 553 of 2015 for non-compliance of the instructions issued by the DoP&T dated 03.07.1986. The said Original Applications were dismissed by the Ernakulum Bench. Thereafter, the applicants therein have preferred O.P. (CAT) Nos.25, 45 & 126 of 2015 before the Hon'ble High Court of Kerala and vide judgment dated 05.06.2018 (Annexure A-7), the Hon'ble High Court directed BSNL to fix the inter-se- seniority of JTO(T) in terms of the DoP&T OM dated 03.07.1986. One such applicant has preferred a representation dated 15.10.2020 (Annexure A-8) before the respondent authorities for preparing the seniority list in terms of the DoPT OM dated 03.07.1986 and 07.02.1986 as per the directions issued by the Hon'ble High Court of Kerala.
The applicants further submit that the respondent organisation has not followed the roster for promotion of SC/ST category. The All India Eligibility List of the eligible JTOs under SC/ST category was to be prepared taking into account the DPC guidelines issued vide DoPT OM dated 06.01.2006 (Annexure A-9) with the extended zone of consideration for SC/ST categories at five times the total number of vacancies thereby promoting the eligible JTOs(T) of recruitment year 2012 and beyond the available vacancies in SC/ST category. In June 2018 BSNL upgraded SDE(T) vacancies to issue promotion to DE(T)/AGM grade under matching savings thereby abolishing the 5192 SDE(T) posts. The justification given by the BSNL for such action was that a new promotion policy named Cadre Hierarchy Promotion Policy was to be implemented from 01.07.2018 wherein the concept of vacancy based promotion was to be replaced by Time Bound Promotion. The respondents organisation have abolished 5192 posts of SDE(T) and have diverted the SDE(T) posts to DE(T)/AGM without any rationality.
The respondents-BSNL have filed their reply, wherein it has been submitted that in compliance of the judgment of Hon'ble High Court of Kerala in O.P. (CAT) Nos.25, 45 & 126 of 2015, an integrated final eligibility list was published vide letter dated 12.10.2020 (Annexure A-5A). Subsequently, a provisional All India Eligibility List was prepared based on the guidelines/instructions issued by the DoP&T/DoT/BSNL from time to time. Further, the BSNL has published an integrated final eligibility list as per the principles set by the Hon'ble High Court of Kerala with respect to the interpolation between direct recruits and promotees and the list contains all the executives who were recruited/promoted up to the recruitment year 2001 and ST executives recruited/promoted up to the recruitment year 2005. The second list has also been prepared based on the same principles for the executives recruited/promoted against the recruitment year 2002 (OBC & SC) and up to the recruitment year 2008.
As part of the exercise to issue AIEL for subsequent years, BSNL has also issued a letter dated 1 6 . 1 0 . 2 0 2 0 a n d c o r r i g e n d u m d a t e d 1 9 . 1 0 . 2 0 2 0 , w h e r e i n t h e d e t a i l s o f e x e c u t i v e s recruited/promoted against the recruitment year 2009 and up to 2012 was called for. The AIEL for promotions to SDE grade is issued up to certain recruitment years from time to time as per requirements of the organisation and all JTO available up to that recruitment year are included in the list. Since AIEL up to recruitment year 2008 only has been issued so far, the applicants, who belong to recruitment year 2012 do not find place in the said AIEL. The exercise to call for APARs etc is a parallel exercise and it cannot be inferred that promotions will be made without disposing of representations on provisional AIEL. Moreover, the applicants are not even eligible for promotion to the vacancy years for which the APARs have been called.
The respondents-BSNL have further submitted that while preparing AIEL of JTO, the inter-se-seniority will be fixed as per the extant guidelines of DoP&T, i.e. the executives recruited under DR quota and the executives promoted under PR quota in 1:1 ratio to the extent of the availability of direct recruited/promotee JTOs and then the remaining JTOs (belonging to any of quota, as the case may be) will be bunched together at the bottom of that particular recruitment year in such list.
In the BSNL Board meeting held on 30.03.2001, it was decided that Telecom Technical Assistants (TTAs), who have qualified in screening test will be sent for training and vacancies at the rate of 500 will be diverted from DR quota to PR quota from 2001 to 2007 (i.e. 3500 posts). However, due to the court cases, 3500 vacancies which were diverted from DR quota were reverted back to DR quota and equal number of supernumerary posts were created to adjust the officials who were promoted against diverted DR quota vacancies. Remaining 2500 officials were not promoted due to non-availability of the vacancies. Only 3500 officials had been promoted by creation of 3500 supernumerary posts for different vacancy years, i.e. 2001, 2002, 2003, 2004, 2006, 2007 and 2008 and out of 2500 screening test qualified candidates, some officials were promoted to the post of JTO through LICE 2013 held on 02.06.2013 and rest were regularised in the cadre of JTO as per JTO(T) Recruitment Rules, 2014. Hence, the fist LICE was conducted only in June, 2013 for the vacancy years 2001-02 to 2012-13.
As per SDE(T) Recruitment Rules, 2002 (Annexure A-3), any JTO who has completed three years of regular service in the grade of JTO as on 1 s t July of the particular vacancy year will become eligible for consideration of promotion to the grade of SDE(T) under 67% seniority-cum-fitness quota. Therefore, the applicants, who have joined as JTOs in the year 2014 will be eligible for promotion for the vacancy year 2017-18 as per 2002 Recruitment Rules. It has also been submitted that prior to the applicants, there are approximately 5000 JTO grade executives who are eligible for promotion for the vacancies pertaining prior to the vacancy year 2017-18 and to consider them for promotion to the grade of SDE(T) an integrated final eligibility list of JTOs has been prepared and circulated on 12.10.2020 (Annexure A-5A).
Prior to impleadment as party respondents, the private respondents have filed an application for intervention. In para 6 of the application, it has been stated as under:
"6.The applicants have attempted to mislead the Hon'ble Tribunal by raising the issue of promotion to the post of JTO(T) knowing well that the impugned AIEL and Integrated Seniority list of JTOs is related to the promotion to the post of SDE. The applicants indirectly want to have the seniority in the post of JTO from the date when they had not even borne in the cadre. The Hon'ble Apex Court in the case of State of Uttaranchal and Another V Dinesh Kumar Sharma, (2007) 1 SCC 683 was pleased to hold that a person appointed on promotion shall not get seniority of any earlier year but shall get the seniority of the year in which his/her appointment is made. In the case of Vinodanand Yadav V State of Bihar, 1994 Supp (2) SCC 44, it was held that the appellants who were direct recruit shall be considered senior over the promotees not borne on the cadre when the direct recruits were appointed in service."
The applicants have also filed rejoinder to the reply filed by the respondents-BSNL, wherein apart from reiterating their submissions made in the Original Application, it has been stated that applicants and similarly placed officials in other circles have already suffered heavily in the past when their promotion from Group C post to JTO Group B was block for several years on account of diversion of JTO(T) posts. Now, when they are eligible for promotion as SDE(T), BSNL has diverted 5192 SDE(T) posts thereby blocking their further promotion prospects to the grade of SDE(T). The applicants are looking after the charges of SDE(T) temporarily for a period not exceeding 179 days. Thus, the BSNL is extracting the work of SDE from the applicants without regular promotion and monetary benefits. 6.1 The BSNL has published a corrigendum for correction in the AIEL vide letter dated 09.11.2020 (Annexure RJ-7), wherein at serial numbers 172 and 176 to 185, name of 11 JTOs is included in the Integrated Final Eligibility List, who were appointed much later than the applicants in the grade of JTOs. Similarly, JTOs appointed on 06.01.2014 at Sr Nos.186 to 191 and JTO appointed on 07.12.2013 at Sr No.168, who are also eligible for the 2017-18 SDE(T) vacancy years like the applicants, have been included in the AIEL List No.1 for promotion to the post of SDE(T). Therefore, the AIEL List No.1 along with the corrigendum contains several lapses and is not in accordance with the directions of the Hon'ble High Court of Kerala. 6.2 The provisional AIEL List No.2 published by BSNL (Annexure A-5A) also contains several discrepancies. The JTOs at Sr Nos.1408, 1430, 1710 and 4134, who have been promoted as JTO much later than the applicants in 2014 are included in the provisional AIEL List No.2. Also, the JTOs at Sr Nos.1700 and 1716, who have been promoted as JTOs in January 2014 and eligible for SDE(T) promotion for 2017-18 vacancies like the applicants are included in the provisional AIEL List No.2. Further, the DR JTO at Sr No.3112, who has joined BSNL as JTO on 28.07.2014 much later than the promotion of the applicants as JTO, is included in the provisional AIEL List No.2.
The applicants have also filed the copy of calculation for the year wise vacancies in SDE(T) cadre up to 2017-18 (Annexure RJ-9). It has been submitted that from 2011-12 to 2016-17, there are only 4175 vacancies available in the 67% seniority quota and 430 vacancies available in 2017-18. The eligible JTOs in AIEL List No.1 are approximately 1900 and another 4000 eligible JTOs in AIEL List No.2 are waiting for SDE(T) promotions. The available vacancies in the seniority quota up to 2017-18 are only 4605 and, hence the applicants would be deprived of their opportunity for promotions to the vacancies of 2017-18 onwards due to want of any vacancies.
We have heard the learned counsel for the parties and perused the pleadings and the documents available on record. We have also gone through the written submissions supplied by the respective parties.
Learned counsel for the applicants argued that diversion of 500 JTO(T) vacancies each year from DR quota of 2001 to 2008 was challenged before the Hon'ble High Court of Punjab & Haryana in Civil Writ Petition No.5608 of 2007, wherein vide order dated 30.05.2008, the Hon'ble High Court has directed for re-diversion of JTO(T) posts to DR quota. The aforesaid decision of the Hon'ble High Court was also upheld by the Hon'ble Supreme Court in SLP Nos.1320-13221 of 2009. In pursuance to this, the BSNL created 3500 supernumerary posts in November, 2008 to accommodate the already promoted 3500 JTOs against the diverted DR posts and cancelled the waiting list. These 3500 supernumerary posts which do not form part of the working strength of JTOs have not been regularised by BSNL till date and the BSNL is trying to promote them to SDE(T) ahead of the applicants by including their name in the AIEL List No.2, which is illegal.
On the other hand, learned counsel for the respondents-BSNL argued that the impugned list contains the names of those JTOs(T), who acquired requisite eligibility for promotion to the post of SDE(T) up to the year 2008, whereas the applicants were promoted as JTO in the year 2014. Regarding upgradation of post, learned counsel submitted that it is well within the discretion of the authorities. Learned counsel placed reliance on a judgment of Hon'ble Apex Court in P.U. Joshi and others vs. Accountant General, Ahmedabad and others, (2003) 2 SCC 632, wherein the Hon'ble Apex Court has held that determination of conditions of service, alteration thereof by amending rules, constitution, classification or abolition of posts, cadres or categories of service, amalgamation, bifurcation of departments, reconstitution, restructuring of the pattern etc, all pertain to executive policy and within exclusive discretion of the State, subject to limitations and restrictions envisaged in the Constitution. Similar view has also been taken by the Hon'ble Apex Court in Official Liquidator vs. Dayanand and others, (2008) 10 SCC 1. Learned counsel for the respondents-BSNL has also placed reliance on a decision of Hon'ble Apex Court in S.P. Shivprasad Pipal vs. Union of India and others, (1998) 4 SCC 598 to say that mere reduction in chances of promotion on account of abolition of post are not condition of service as has been held by the Hon'ble Apex Court in the said decision.
We have considered the rival contention of all the parties.
As per Annexure A-5 dated 12.10.2020, the PAEL of JTOs has been published for all OC/SC JTOs from the Recruitment year 2002 to 2008 and ST category JTOs from Recruitment year 2006 to 2008. The letter dated 12.10.2020 specifically mentions that the PAEL has been prepared based on the instructions issued by the DoP&T and the directions of the Hon'ble High Court of Kerala in OP (CAT) Nos.25, 45 & 126 of 2015. Thereafter the respondents on the same date, i.e. 12.10.2020 (Annexure A/5-A) have issued the integrated final eligibility list of JTOs revising the final All India Eligibility List of JTOs published on 20.02.2015. The said list was also published in compliance of the judgment of Hon'ble High Court of Kerala in OP (CAT) Nos.25, 45 & 126 of 2015. It has not been disputed that both the lists (provisional as well as final) have been prepared in respect to the JTOs up to the recruitment year 2008.
Subsequently, a Corrigendum/Addendum to the integrated final eligibility list published on 12.10.2020 was issued on 09.11.2020 (Annexure RJ-7), wherein after receiving the representations regarding omissions/errors, a list of 198 JTOs was published. The applicants submit that 11 JTOs at Sr. No.172, 176 to 185 were appointed as JTOs on 28.04.2014, i.e. after the applicants, who were appointed as JTOs on 31.03.2014. Further, the JTOs at Sr. Nos.186 to 191, who were appointed on 06.01.2014, have also been included in the Integrated Final Eligibility List, whereas they were eligible for promotion to the post of SDE(T) for the vacancy years 2017-18. However, perusal of the eligibility list of the applicants dated 10.05.2013 (Annexure RJ-14) for holding of LICE for promotion to the grade of JTO(T), clearly reveals that the applicants were appointed in Group C post in 2001 or afterwards and as per the JTO Recruitment Rules, 2001, 10 years regular service in Group C post is required to become eligible to appear in LICE for promotion to the post of JTO. The period of 10 years was subsequently reduced to 7 years vide circular dated 12.10.2009 and further as 5 years in 2014. Thus, it is clear as per the Recruitment Rules, 2001 of JTOs, the applicants became eligible to appear in LICE in 2009 and afterwards. The applicants were promoted to the post of JTO in 2014 after appearing in the LICE conducted for the vacancies advertised in 2012. Hence, the applicants were not eligible to be considered for promotion to the post of SDE(T) as the AIEL has been prepared for the JTOs from the recruitment year 2002 to 2008.
The Office Memorandum dated 07.12.1986 (Annexure A-2) is the general principles for determining the seniority of direct recruits and the promotees. The same inter alia read as under:
"3.This matter, which was also discussed in the National Council has been engaging the attention of the Government for quite some time and it has been decided that in future, while the principle of rotation of quotas will still be followed for determining the inter-se seniority of direct recruits and promotees, the present practice of keeping vacant slots for being filled up by direct recruits of later years, thereby giving them unintended seniority over promotees who are already in position, would be dispensed with. Thus, if adequate number of direct recruits do not become available in any particular year, rotation of quotas for purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees. In other words, to the extend direct recruits are not available, the promotees will be benched together at the bottom of the seniority list, below the last position upto which it is possible to determine seniority on the basis of rotation of quotas with reference to the actual number of direct recruits who become available. The unfilled direct recruitment quota vacancies would, however, b e carried forward and added to the corresponding direct recruitment vacancies of the next year (and to subsequent year where necessary) for taking action for direct recruitment for the total number according to the usual practice. Thereafter, in that year while seniority will be determined between direct recruits and promotees, to the extent of the number of vacancies for direct recruits and promotees as determined according to the quota for that year, the additional direct recruits selected against the carried forward vacancies of the previous year would be placed en-bloc below the last promotee (or direct recruit as the case may be) in the seniority list based on the rotation of vacancies for that year. The same principle holds good in determining seniority in the event of carry forward, if any, of direct recruitment or promotion quota vacancies (as the case may be) in the subsequent years."
Bare reading of Para 3 of the OM reveals that the unfilled vacancies in any recruitment year will be carried forward and will be bunched together at the bottom of the next years vacancies in the respective category. Meaning thereby, if the vacancies relating to promotion quota were not filled, the persons promoted on such vacancies in subsequent year will be bunched together and will be placed below the direct recruits already appointed. It is undisputed that the private respondents are holding the post of JTO before the date of promotion of the applicants. The seniority in the cadre of JTO is relevant for promotion to the post of SDE(T) and it is clear from the record that the applicants are much junior to the JTOs included in the AIEL dated 12.10.2020. The applicants joined the post of JTO in 2014 and as per the SDE(T) Recruitment Rules, 2002, all the applicants became eligible for promotion to the post of SDE(T) after completion of three years of regular service on the post of JTO in 2017 and onwards, whereas the impugned AIEL has been prepared covering the JTOs up to recruitment year 2008 and, therefore, the applicants are not eligible to be considered for their inclusion in the impugned AIEL.
The issue in hand also came up for consideration before the Hyderabad Bench of this Tribunal in OA/021/00706/2020. The Original Application was disposed of vide order dated 28.10.2020 with the following directions:
"4.The issue involved is no more res integra as the Hon'ble High Court of Kerala has taken decision pursuant to the order of the coordinate Bench of this Tribunal at Ernakulam in O.A. No.553/2015, where the Hon'ble High Court has observed that the Junior Telecom Officer from promotee category were promoted in excess of quota fixed for that, and they are yet to be assigned inter se seniority in the integrated seniority list of JTOs, by preparing All India Eligibility List, by taking into account actual date joining for direct recruits and date of promotion in case of promotes. The seniority list earlier published by the respondents has been set aside to the extent which is in excess of the quota. In addition to this, the Hon'ble High Court has directed the ratio of 1:1 has to be followed. Now the respondents have again started the process in pursuance of the order passed on 12.10.2020. According to the respondents, they have followed the direction of the Hon'ble High Court of Kerala as they have All India Integrated Seniority List. But the grievance of the applicants is still there to the extent that their chances for promotion have been diminished b e c a u s e 5 1 9 2 v a c a n c i e s h a v e b e e n a b o l i s h e d . T h e y h a v e m a d e d e t a i l e d representations in this regard.
5.On the contrary, Sri M.C. Jacob, learned Standing Counsel for BSNL has submitted that the present process of promotion if for the vacancies for the years 2010-11 onwards and the applicants are not eligible for promotion in the said period. The apprehension of the applicants is that if this process is followed now, it will be followed in the future also, which will affect their right to promotion.
6.After hearing the learned counsel on either side, this Tribunal is of the view that let the respondents dispose of the representations made by the applicants, keeping in mind the ratio laid down by the Hon'ble High Court of Kerala. It is clarified that the DPC will be continued as already scheduled. But in case any grievance still subsists on disposal of the representations of the applicants, they may approach this Tribunal once again. With the above observation, this Original Application is disposed of at the admission stage. There shall be no order as to costs."
In the instant case also, it is the case of the applicants that diverting 5192 posts of SDE(T) to the cadre of DE/AGM w.e.f 01.07.2018, have diminished their chances for future promotion. However, we are of the view that the said issue is not the subject matter of the present Original Application. Moreover, creation and abolition of post is very much within the domain of the employer subject to administrative need. It has also been categorically stated by the respondents-BSNL that there are approximately 5000 JTO grade executives eligible for promotion for the vacancies pertaining prior to the vacancy year 2017-18 and, therefore, an integrated final eligibility list of JTOs has been prepared and circulated on 12.10.2020 (Annexure A-5A) to consider them for promotion to the grade of SDE(T). Since the applicants are not eligible to be included in the impugned provisional AIEL published on 12.10.2020 (Annexure A-5) covering the JTOs from the recruitment year 2002 to 2008, they have no locus standi to challenge the said list.
Accordingly, we do not find any merit in this Original Application and, therefore, the Original Application is dismissed being devoid of merit. Needless to add that interim relief granted on 05.11.2020 stands vacated. No costs.