CENTRAL ADMINISTRATIVE TRIBUNAL HYDERBAD BENCH CIRCUIT SITTING AT VIJAYAWADA OA/020/162/2018 HYDERABAD, this the 18^th day of February, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member M. SRINIVASULU, s/o. M.Papanna, aged about 53 Years, Junior Accounts Oficer, HR. No. 199301187, Group-C Office of the General Manager, Telecom District, BSNL, Kurnool.

.....Applicant.

(By Advocate: Mr. K Venkateswara Rao)

Vs.

1. The General Manager, Telecom District, BSNL, Kurnool.

2. The Chief General Manager, Telecom, A.P. Circle, Vijayawada.

3. The Chief General Manager, Telecom erstwhile A.P. Circle, Nampally Station Road, Hyderabad-500001.

4. The Chairman & Managing Director, BSNL Corporate Office, Bharat Sanchar Bhavan, 4th Floor, Janapath, New Delhi.

5. Union of India, represented by its Secretary, Department of Telecommunication and I.T.

20, Ashok Road, New Delhi- 110 001..

... Respondents (By Advocate: Mrs. K Rajitha, Sr. PC for CG Ms. K Sridevi, SC for BSNL)

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Digitaly signed by KARAN KARA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone=

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“ This Hon'ble Tribunal may be pleased to call for the records relating to the

impugned letters (1) APT-VJ/FCII/4-JAO requests/2016-17/3, dated 14.3.2017 issued by the second respondent (2) Lr.No.TDK/E-13/Accts Personnel/2008/11/70 dated 28.9.2017 issued by the fist respondent (3) Lr.No. TDK/E-13/Accts Personnel/2008/Col.11/72, dated 27.11.2017 issued by the first respondent and quash and set aside the same as illegal, unjust and violative of Articles 14,16 and 21 of the Constitution and consequently be pleased to hold that the applicant is entitled for appointment/promotion as Junior Accounts Officer from 12.8.2013, the date on which his batch mates with less merit were appointed/promoted with all consequential benefits like seniority, increments etc. and pass such other order or orders as this Hon'ble Tribunal may deem fit and

proper in the circumstances of the case..”

2. The brief facts of the case are that the applicant, while working as Senior T.O.A. appeared J.A.O Part II (40% quota) Limited Internal Competitive Examination held on 17.12.2012, 18.12.2012 and 19.12.2012. The applicant qualified in the said examination and was placed second in A.P. Circle Merit List. He was not sent to Inductive Training phase-I commencing from 15.07.2013 on the untenable ground that departmental proceedings were pending against him pursuant to Charge Memo No.DGM/(A&P)/X-1/MS-II-Sr.TOA(G)/2012-13/2 dated 18.05.2012 issued by the Office of the 1^st respondent. The applicant was exonerated from the charge levelled against him, vide memo dated 08.04.2015. The applicant submitted representations dated 01.02.2017, 19.06.2017 and 21.09.2017 seeking promotion from the date on which his juniors were promoted. The same were rejected by the respondents vide letter dated 27.11.2017. Being aggrieved the applicant has filed the present O.A.

Digitaly signed by KARAN KARA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= Page 2 cf00bb597b6051b5a127d240a608798336d0ecf5a9520 b4016989e62ec92ac4e, SERIALNUMBER=

N 7b186a9ebeb495c45ee0951ce6dd507a1eb40e8c125e

3. After notice, the respondents have appeared through their counsel, filed a detailed reply and opposed the relief on the ground that the charge memo has been issued by DGM(A), 0/o GMTD, BSNL, Kurnool vide Memo No. DGM/A&P/