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2018 Supreme(SC) 586

RANJAN GOGOI, R.BANUMATHI
Bharat Sanchar Nigam Limited – Appellant
Versus
Babu V. – Respondent


Advocates:
Advocate Appeared:
Ms. Pinky Anand, Mr. Ankur Mittal, Ms. Nidhi Mittal, Ms. Saudamini Sharma, Ms. Kiran Suri, Mr. B. Karunakaran, Mr. S. Gowthaman, Mr. A.K. Panda, Mr. Vijay Prakash, Mr. Sachin Sharma, Mr. Arvind Kumar Sharma

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the employer's prerogative in cadre creation, continuance, and abolition and how does it affect incumbents’ rights in the context of the Wasting Cadre?

What is the fairness and impact of the Amended Rules of 2005 (regarding promotions and quotas) on the promotional avenues for incumbents of the Wasting Cadre?

What is the legality and sufficiency of Board approval for Amended Rules and the consequential changes to promotional channels in the BSNL cadre restructuring?


ORDER :

1. Leave granted.

2. By an order dated 18.05.2004 the Bharat Sanchar Nigam Limited (B.S.N.L.) had declared the existing cadres of Junior/Senior Accountants as ‘Wasting Cadre’ with a view to amalgamate the multiple cadres in existence. Accordingly the cadres of Junior and Senior Accountants stood withdrawn and the posts in the cadre continued to be personal to the incumbents and were to be abolished as and when the same are vacated by way of retirement, promotions, resignation etc.

3. In a challenge to the said order made before the learned Central Administrative Tribunal (for short, the Tribunal), the Tribunal interfered with the same and directed the B.S.N.L. authorities to complete the process of restructuring of the cadres providing avenues of promotion comparable to what was existing under the Assistant (Accounts)/Junior Accountant/Senior Accountant Recruitment Rules, 2002 (for short, ‘2002 Rules’).

4. The order of the learned Tribunal was based on two principal grounds/findings, namely, that the impugned order dated 18.05.2004 affected the rights of Junior Accountants for consideration of their cases for promotion to the cadre of Senior Accountants and secondly that the or












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