CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 6^th day of February, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member Koduru Venkatesu, S/o. Venkaiah, Age 59 years, Office Superintendent (G) BSNL, O/o. SDE (CAF), Thikkana Telephone Bavan, Residing at BSNL Staff Quarter No.-C3, Brindavanam, Nellore DT, A.P.

...Applicant-in-Person (By Mr. K. Venkat (P.I.P))

Vs.

1. Union of India through the Secretary, Government of India. Ministry of Personal public grievances and pensions Dept of Per & Trg. North Block, Parliament House, New Delhi.

2. Union of India through the Secretary, Government of India, Ministry of Communications and information technology, New Delhi.

3. Union of India through the Secretary, Government of India, Ministry of Communications and information technology. Department of Telecommunications, 421, Sanchara Bhavan, No.20 Ashoka Road, New Delhi.

4. Union of India through the Secretary, Government of India, Ministry of Social justice and empowerment, New Delhi.

5. Chief Commissioner for Persons With Disabilities, Sarojini House, 6 Bhagwan Dass Road, New Delhi-110001.

6. M/S Bharat Sanchar Nigam Ltd., Rep. by its Chairman-Cum-Managing Director No.20. Ashoka Road, New Delhi.

7. Chief General Manager Telecommunication BSNL, A.P. Circle, Vijayawada.

8. General Manager Telecom District BSNL, Nellore, Nellore District, A.P. State.

…Respondents (By Advocate: Mrs. K. Rajitha, Sr. PC for CG Mrs. A.P. Lakshmi, SC for BSNL)

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member) By this OA, the Applicant-in-Person sought the following relief:

“……....(a) direct the respondents No.6 to 8 to promote applicant under disability quota reserved for disabled employees with retrospective effect (out of turn) actual promotion from the due dates at reserved roster points from Group-C to Group-B and to Group-A, with reference to Hon’ble SC Judgment in Rajeev Kumar Gupta & Ors. Vs. Union of India & Ors on 30^th June, 2016 (A-8) with all consequential benefits from date of appointment including arrears of pay and allowances and render justice and pass such other order or orders are deemed fit and proper in the circumstances of the case.”

2. It is submitted by the Applicant that he was appointed on 02.11.1981 as Office Assistant in Group-C Category in P&T Department, Govt. of India. The applicant approached this Tribunal through T.A. No.28/2010 seeking reservation in promotion under disability quota and this Tribunal directed the respondents to consider his claim for promotion under disability quota. The respondent Nos.6 to 8 have not implemented the order of this Tribunal dated 08.04.2015. Further, the applicant filed Contempt Petition complaining disobedience of order dated 08.4.2015. This Tribunal has dismissed the said CP and reserving the liberty to the applicant to challenge proceeding dated

06.11.2015 by filing independent O.A.

3. Later on, applicant submitted representation dated 09.03.2017 for promotion under disability quota of 3% from Group-C to Group-B & to Group-A posts under Section 33 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995 which is still pending. Feeling aggrieved by this, he has approached this Tribunal.

4. After Notice, respondents have appeared through their counsel and filed reply vehemently opposed the relief on the ground that the applicant (P.I.P)

who worked in their organization, subsequently, opted and got absorbed in the BSNL service. There is no more employee, employer relationship between the DoT/UoI with the applicant and the relief sought by the applicant lies outside of the domain of DoT/ Union of India, hence, the same cannot be granted by the DoT/Union of India and prayed for dismissal of the O.A. Respondents No.6 to 8 have also appeared through their counsel and filed detailed reply and vehemently opposed the relief while stating that the applicant joined the erstwhile Depar