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2024 Supreme(Online)(CAT) 13705
CENTRAL ADMINISTRATIVE TRIBUNAL
M.L. Srivastava, Administrative Member, Rajveer Singh Verma, Judicial Member
Chairman and Managing Director, Bharat Sanchar Nigam Limited – Appellant
Versus
Shashi Kant – Respondent
Miscellaneous Application No. 046/0095/2024 in O.A. No. 046/0182/2024
For the Appellants/Petitioners: Sri K.N. Choudhury, Sr. Adv. assisted by Ms. B. Devi, Sri G. Goswami
For the Respondents: Sri M. Chanda, Smt. U. Dutta, Dr. G.J. Sharma
Retrospective rule changes cannot divest vested promotion rights after selection process completion and joining post.
Headnote:The judgment addresses BSNL Management Services Recruitment Rules (MSRRs-Telecom), 2023 and empanelment guidelines dated 20.04.2023 for Chief General Manager (CGM) posts. Essential facts involve an officer's empanelment, posting as CGM on 15.07.2024 after selection pursuant to notice dated 25.01.2024, followed by reversion via order dated 19.07.2024 without hearing, prompted by revised guidelines dated 22.07.2024 based on DoT directions dated 20.06.2024. Court finds retrospective application of new guidelines arbitrary, violating acquired rights post-selection and joining. Key issues: Whether reversion post-empanelment and joining via subsequent guidelines is valid; if prior interim order staying reversion should continue. Ratio: Amendments altering benefits accrued under existing rules cannot operate retrospectively, as held in precedents; selection process exhaustion protects rights under Arts. 14 & 16; balance of convenience favors original applicant. M.A. dismissed; interim order dated 30.07.2024 in O.A. No. 182/2024 upheld.
| Table of Content |
|---|
| 1. context of ma seeking vacation of interim stay on reversion order. (Para 1 , 2 , 3 , 4) |
| 2. facts of empanelment, selection, posting, and subsequent reversion. (Para 5 , 6 , 8 , 9) |
| 3. review of recruitment rules and eligibility guidelines. (Para 7) |
| 4. precedents against retrospective deprivation of vested rights. (Para 10 , 11) |
| 5. ma dismissed; interim order upheld. (Para 12) |
ORDER
PER- MR. RAJVEER SINGH VERMA, MEMBER (J):
This M.A. No. 95/2024 in O.A. No. 182/2024 titled the Chairman cum Managing Director BSNL and Ors. –V/s- Sri Shashikant and Ors. was filed with a prayer for vacating/altering or modifying the Interim Order dated 30.07.2024 passed by this Tribunal in O.A. No. 182/2024. It is recorded that this Tribunal in its Order dated 30.07.2024 admitted the said O.A. and stayed the operations of the impugned Orders dated 19.07.2024(Annexures- A, A/1 & A/2) with regard to the respondent/petitioner in O.A. only till the next date and continued the interim order vide its Order dated 12.08.2024 till the next date. The same is still continuing as directed by this Tribunal.
2. We have heard the parties and also taken on record the papers/documents submitted by both the sides.
3. Learned counsel for the petitioners/respondents in O.A. has also submitted a copy of the Order dated 06.09.2024 passed by the Hon’ble Gauhati High Court in WP(C) No. 4531/2024 titled as the Chairman cum Managing Director, BSNL and two Ors. –V/s- Shashikant and three Ors. The said WP(C) was filed against the Order dated 30.07.2024 passed by this Tribunal in O.A. No. 182/2024 suspending the operation of the impugned Order of reversion of the sole respondent dated 19.07.2024 as well as Order dated 13.08.2024 passed in this M.A., whereby the prayer for vacating the ex-parte Interim Order dated 30.07.2024 had not been finally considered and disposed of by this Tribunal. It is understood that keeping in view the pendency of this M.A. before this Tribunal, the Hon’ble High Court observed that writ petitioners should pursue the prayer in M.A. No. 95/2024 before this Tribunal on 09.09.2024 instead of agitating their grievances in the said Writ Petition at this stage. The Hon’ble Gauhati High Court has further observed that notwithstanding the pendency of the said WP(C), it will be open for this Tribunal to proceed to hear M.A. No. 95/2024 on 09.09.2024 and pass a final order therein, in accordance with law.
4. In view of the said directions of the Hon’ble High Court in WP(C) No. 4531/2024 given on 06.09.2024, we have proceeded to hear the matter today.
5. It is the case that the respondent/petitioner in O.A- Sri Shashikant had filed O.A. No. 182/2024 before this Tribunal challenging the impugned Order dated 19.07.2024(Annexure- A/1) and Letter dated 22.07.2024(Annexure-A/3), whereby he has been reverted, repatriated and released from the post of Chief General Manager(CGM), BSNL, NE-II Circle, Dimapur, Nagaland and it is the case of the respondent/petitioner in OA that impugned Order dated 19.07.2024 was passed without any opportunity of being heard though he had qualified the selection process pursuant to Notice dated 25.01.2024 in terms of MSRRs, 2023 and following the guidelines dated 20.04.2023 for empanelment circulated by BSNL and thereafter, empanelled on 01.06.2024 which had been acted upon by issuing Posting Order dated 07.06.2024 and the respondent/petitioner in OA has joined in the promotional post of CGM on 15.07.2024 after being relieved from his previous post of Principal Chief Engineer(C), Chennai circulated on 10.07.2024 and having worked in the post of CGM for 5 days after joining the said post.
6. It is also the case of the respondent/petitioner in O.A. that he was singled out whereas other similarly situated persons are holding the post. However, learned counsel for the petitioners/respondents in O.A. clarified that all the officers so selected/empanelled had been reverted back to their original post.
7. We have perused the recruitment ru
