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2012 Supreme(Del) 1032
High Court of Delhi
BADAR DURREZ AHMED, V.K. JAIN, JJ.
Indian Telecom Service Association & Others
Versus
Union Of India & Others
W.P.(C) 22515-22518, 22217-22257, 22258-22463, 22784-22788, 2278922847, 23093, 23124-23126 & 23655 OF 2005, 12380-12382 & 17618 OF 2006, 3414 OF 2007 & CM No.14692-14694, 14646, 14648, 14652, 14655 & 16074 OF 2005, 6787, 7955, 12817, 13732, 14503, 9467 & 14588-14589 OF 2006, 15087, 11074 & 14543 OF 2008, 170, 6396-6397 OF 2007 & 1536 OF 2012
Decided On : 17-04-2012
For the Petitioner:Parag Tripathi, Sr. with VSR Krishna, & Ms. Swati Sharma, Yasoban Das, Sr. with A.K. Srivastava, Ashish Sindhu, & Arvind Tiwari, Advocates.
For the Respondents:A.S. Chandhiok, Additional Solicitor General with B.V. Niren, Prasouk Jain, Utkarsh Sharma, & Pratap for UoI, Ravi Sikri, with Vaibhav Kalra, for MTNL, Advocates.
The court established that the deemed date of absorption of the petitioners fixed as 1.10.2000 was illegal, being contrary to Rule 37-A(4) of CCS (Pension) Rules, and directed the deemed date of permanent absorption of such of the petitioners who seek permanent absorption in BSNL/MTNL to be 8.12.2005.
Headnote:
Rule 37-A - Absorption of Government servants in Public Sector Undertakings - 37-A(1), 37-A(2), 37-A(4) - The court held that the deemed date of absorption of the petitioners fixed as 1.10.2000 was illegal, being contrary to Rule 37-A(4) of CCS (Pension) Rules. The deemed date of permanent absorption of such of the petitioners who seek permanent absorption in BSNL/MTNL was held to be 8.12.2005. The petitioners were given an option, to be exercised within two weeks from the date of the order, to revert to the Government or to seek permanent absorption in BSNL/MTNL as the case may be. BSNL/MTNL was directed to relieve such of the petitioners who opted to revert to Government service within 2 weeks of receipt of options from them. The Government was directed to appropriately redeploy such of the petitioners who opted to revert to the Government in Government service through the surplus cell of the Government.
Fact of the Case:
The case involved a challenge to the Circular dated 24.3.2005 calling for options from Group „A?Officers of Indian Telecom Service, Telegraph Traffic Service and Telecom Factories Service. The petitioners sought directions to the respondents to formulate a just, fair and comprehensive policy for absorption of those persons who opted for absorption in BSNL/MTNL as well as for those who did not opt absorption in these organizations. The petitioners also sought the striking down of provisions of clauses 1 to 7 of Rule 37-A of CCS (Pension) Rules 1972 besides seeking their continuance in DoT as Government employees.
Finding of the Court:
The court found that the deemed date of absorption of the petitioners fixed as 1.10.2000 was illegal, being contrary to Rule 37-A(4) of CCS (Pension) Rules. The court directed the deemed date of permanent absorption of such of the petitioners who seek permanent absorption in BSNL/MTNL to be 8.12.2005. The petitioners were given an option, to be exercised within two weeks from the date of the order, to revert to the Government or to seek permanent absorption in BSNL/MTNL as the case may be. BSNL/MTNL was directed to relieve such of the petitioners who opted to revert to Government service within 2 weeks of receipt of options from them. The Government was directed to appropriately redeploy such of the petitioners who opted to revert to the Government in Government service through the surplus cell of the Government.
Issues: The main issue was whether the respondents were entitled, in law, to notify 1.10.2000 as the date of absorption of the petitioners in BSNL/MTNL.
Ratio Decidendi: The court held that the deemed date of absorption of the petitioners fixed as 1.10.2000 was illegal, being contrary to Rule 37-A(4) of CCS (Pension) Rules. The court directed the deemed date of permanent absorption of such of the petitioners who seek permanent absorption in BSNL/MTNL to be 8.12.2005. The petitioners were given an option, to be exercised within two weeks from the date of the order, to revert to the Government or to seek permanent absorption in BSNL/MTNL as the case may be. BSNL/MTNL was directed to relieve such of the petitioners who opted to revert to Government service within 2 weeks of receipt of options from them. The Government was directed to appropriately redeploy such of the petitioners who opted to revert to the Government in Government service through the surplus cell of the Government.
Final Decision: The court held that the deemed date of absorption of the petitioners fixed as 1.10.2000 was illegal, being contrary to Rule 37-A(4) of CCS (Pension) Rules. The court directed the deemed date of permanent absorption of such of the petitioners who seek permanent absorption in BSNL/MTNL to be 8.12.2005. The petitioners were given an option, to be exercised within two weeks from the date of the order, to revert to the Government or to seek permanent absorption in BSNL/MTNL as the case may be. BSNL/MTNL was directed to relieve such of the petitioners who opted to revert to Government service within 2 weeks of receipt of options from them. The Government was directed to appropriately redeploy such of the petitioners who opted to revert to the Government in Government service through the surplus cell of the Government.
V.K. JAIN, J:
1. This batch of writ petitions are directed against the orders dated 21.10.2005 and 31.10.2005 passed by the Central Administrative Tribunal, Delhi (hereinafter referred to as the Tribunal) in OA No. 1963/2005 and other connected OAs.
2. Pursuant to its decision to set up a Public Sector Corporation viz. MTNL from 1.4.1986, Government of India, Ministry of Communications, Department of Telecommunications vide order dated 18.3.1986 directed that on commencement of operations of MTNL w.e.f. 1.4.1986, the staff of Delhi and Bombay telephone districts working within the jurisdiction of Union Territory of Delhi and Bombay, New Bombay and Thane Municipal areas, will be deemed to be transferred on deputation to MTNL, on existing terms and conditions without any deputation allowance for a maximum period of 05 years. It was further directed that till the terms and conditions of service in MTNL were decided and options were called from the concerned Officers of Department of Telecommunications (DoT), the posts which at that time were manned by the existing Officers of DoT would continue to be manned by them, with DoT service conditions continuing to apply to them. The staff working on deputation with MTNL was to have an option for permanent absorption in the company, once the terms and conditions in this regard were finalized.
On setting up of another Public Sector Corporation viz. Bharat Sanchar Nigam Limited (BSNL), Government of India vide OM dated 30.9.2000 decided to transfer the business of providing telecom services in the country to BSNL w.e.f. 1.10.2000. Department of Telecom Services and Department of Telecom Operations, which were concerned with providing telecom services in the country and maintaining the telecom network/telecom factories were separated and carved out of the Department of Telecommunications (DoT). The assets and liabilities of the aforesaid departments were also transferred to BSNL by a separate order. The following interim arrangements were, inter alia, made vide the aforesaid order dated 30.9.2000:
(i) The establishment (officers, staff, employees and industrial workers) sanctioned for exchanges/offices, in various telecom circles, metro districts of Calcutta and Chennai, project circles, civil, electrical and architectural wings, maintenance regions, specialized telecom, units namely Data Networks, National Centre for Electronic Switching, Technical and Development circle, Quality Assurance circle (except TEC), training institutions, other units like telecom factories, stores and electrification projects of DoT/DTS/DTO (belonging to various organized services and cadres given in Annexure A to this letter) and posted in these circules/offices/units will stand transferred to Bharat Sanchar Nigam Limited along with their posts on existing terms and conditions, on as is where is basis, on deemed deputation without deputation allowance, with effect from 1st October, 2000, i.e., the date of taking over of telecom operations by the Company from DTS & DTO. Bharat Sanchar Nigam Limited will exercise control and supervision of staff working against these posts.
(ii) The organizational structure of restructured Department of Telecommunications (DoT) is given at Annexure „B?(Tables I to IV giving posts/units to be retained in DoT and to be transferred to BSNL). Consequent to residual work of DTS and DTO being transferred to DoT, it will continue to do the work allocated under Allocation of Business Rules. The officers and staff presently working in these posts will continue to work, until further orders, in their existing posts under DoT and all other officers and staff will stand transferred along with their posts on existing terms and conditions, on as is where is basis, on deemed deputation without deputation allowance w.e.f. 1.10.2000 to the Company.
(iii) x x x x
(iv) Officers and staff belonging to various Central Secretariat Services (mentioned in Annexure A) providing services to off
