Promotion to Rajbhasha Adhikari is determined by eligibility under existing Recruitment Rules, which have been revised, affecting applicants' claims for promotion.

ORDER

Justice K.Haripal, Judicial Member

Applicants 7 in number, who are Junior Hindi Translators working under respondents 2 and 3, have joined together seeking the following reliefs:

“a) issue an order directing the respondents to promote the applicants as Rajbhasha Adhikari in view of Annexure A-9 judgment and Annexure A-10 letter,

b) hold that the applicants are entitled to be promoted as Rajbhasha Adhikari in terms of Annexure A-4 Recruitment Rules with effect from the date of passing of LICE examination evinced by Annexure A-5,

c) issue an order directing the 2nd respondent to take immediate action on Annexure A-10,

d) issue an order directing the 3rd respondent to take up and dispose of Annexure A-11 to A-17 representations,”

2. Applicants had joined the Telecommunication Department as Junior Hindi Translators. Subsequent to the formation of the BSNL on 01.10.2000, on exercising their options, all of them were permanently absorbed in BSNL and continued in the respective posts. Annexure-A1 shows that Circle Heads could make local arrangements for filling up Hindi Officer posts on local officiating basis from among the cadres of Hindi Translators; thus in Kerala Circle such adhoc/officiating appointments were made. According to the applicants, such arrangements were not based on seniority. While so, Annexure-A2 Recruitment Rules was issued by the BSNL regarding the method of recruitment to the posts of Assistant Director (Official Language), equivalent to Hindi Officer, whereunder a special transitory provision, Rule 10(iii) was incorporated on the following lines:

“There are many Sr. Hindi Translators/Jr. Hindi Translators and Group "C" officials who have been given adhoc promotions to the grade of AD(OL) in field formations of BSNL. In order to avoid legal and administrative complications, as a one time measure, it is provided that all the vacancies in the grade of AD(OL) in the first year of recruitment, irrespective of vacancies earmarked for promotional quota or direct quota, shall be filled up by promotion on seniority-

cum-fitness basis, by following due procedures, amongst those officials who have been officiating as AD(OL) in BSNL subject to their fulfilling the basic qualifications and experiences as prescribed in column 12 of the Schedule annexed to these Rules.”

3. Admittedly, in supersession of Annexure-A2, Annexure-A4 Recruitment Rules was promulgated by the BSNL re-designating the post of Assistant Director (Official Language) as Rajbhasha Adhikari under new Rules called Rajbhasha Adhikari Recruitment Rules, 2005. All the Circles were permitted to conduct Limited Internal Competitive Examination (LICE) for filling up the post of Rajbhasha Adhikari. Accordingly the respondents conducted LICE on 10.01.2008 and published the rank list, Annexure-A5. Applicants hold rank Nos.1,2,4,5,6,7 and 8 respectively in the list.

4. According to the applicants, however, they were not granted promotion as Rajbhasha Adhikari as 11 persons working on local officiating/adhoc basis were continuing in the posts. Even though other Circles had made appointments pursuant to Annexure-A4 Recruitment Rules, that did not happen in Kerala.

5. Aggrieved by the same, applicants 1 to 4 approached this Tribunal with O.A.100/2009 inter alia for a direction to appoint them as Rajbhasha Adhikari after reverting those who were working on officiating/adhoc basis. At the same time, 11 officials, who were working on adhoc/officiating basis as Assistant Director (Official Language) moved the Hon'ble High Court seeking their regularisation.