Promotion from AGM Telecom to DGM Telecom

Promotion from AGM Telecom to DGM Telecom is currently being discussed.

As can be seen, the majority of AGMs eligible for DGM promotion are currently looking after the DGM posts in BSNL.

It is in the best interests of all SDEs on Seniority Lists 11 and 12 that appointments to DGM positions be completed in 2023 using both the seniority and examination quotas.

Along with this, it is also very important that the process of both seniority quota and examination quota for DGM promotion should be completed this year. Finishing both processes this year is in everyone's best interests as a seniority issue resulting from the date of joining may later arise.

If the recruitment rule has already been established, it would be wiser to ask the BSNL management to put the recruitment rule into effect rather than spending your time protesting against it. (SNEA)

Many people will retire during this time if you continue to protest for two to three years.

Do not attempt to comprehend, my brother

It appears that the majority association hasn't held a meeting in ages. This meeting's agenda is arguably the longest in BSNL history.

We received the posting of our choosing in addition to the completion of our promotion. So, brother, the situation is as follows: we have resigned so that we won't have to deal with any further stress; you handle the rest.

Do not attempt to comprehend, my brother.

Happy New Year 2023

 

Friends, We wish you all a Happy New Year, and as for the gift for the new year, BSNL Management gave it to you yesterday by issuing the BSNL Management Service Recruitment Rules.

You must be wondering what is left for SDE, AO, JTO, or JAO after the notification of BSNL Management Service Rules? However, were those who had just become AGMs aware of it or not? 

SNEA has to be commended for ensuring that the interests of its last member are safeguarded even today in the BSNL Management Service Recruitment Rules. But what has your association done for you? 

Yes, of course, they got medical insurance policies for you. 

Their next attempt will be to get the ban lifted on deputations; they will call it a great achievement, and then they will set their sights on going on deputations for a few years.

Don't you still understand
Are you still a kid? You're not a kid anymore; you're old.

If you have come to know the truth, the first thing you should do is stop your membership donation. The second step is optional; It's okay if your conscience doesn't allow it, many people work without an association.  

But, if you prefer, there is also an option of BESA. 

You've tried everything; now try supporting Rampratap Sahu and Surendra Mahar. You may or may not get anything, but you will never be cheated.

Which power in the world can revive BSNL?

The PMO is requested to question the Secretary Telecom and CMD BSNL  about whether BSNL's financial situation has improved to the point where it is spending money on CGHS that is unnecessary.

How much money has BSNL already spent out of its own pocket for CGHS contributions?

Our findings show that BSNL spent at least Rs 3000 crore unlawfully under the guise of CGHS contributions.

Put this association letter in front of them if they don't comprehend.

If such blunders continue, which power in the world can revive BSNL?

The plight of Only Majority Recognised Association, which has drastically failed to protect the Medical Benefits of BSNL recruited employees

 

The plight of Only Majority Recognised Association, which has drastically failed to protect the Medical Benefits of BSNL recruited employees

 

Dear Colleagues,

 

The employees, who got absorbed from DOT into BSNL, are covered by pensionary benefits under Rule 37-A of CCS (Pension) Rules 1972. A pensioner of the Central Government is as such eligible to avail of medical benefits under CGHS by paying the requisite contribution. All the Central Government Employees, including IAS, IPS officers and Defence Personnel, pay CGHS/ECHS contributions from their pocket. Still, BSNL is surprisingly reimbursing the lifetime CGHS Contribution to its retired employees! This is in fact a case of financial impropriety.

 

The pensionary benefits either from Central Government (Rule 37-A) or from CPSU (30% Superannuation Benefits) are complete package itself and a pensioner has no ala-carte choice to choose some benefits from Central Government and other from CPSU. Thus, a pensioner who is eligible for medical benefits under CGHS is not at all eligible for the medical benefits under BSNLMRS.

 

Therefore, we have written to CMD BSNL to swing in to act and immediately stop the provision of medical benefits under BSNLMRS and reimbursement of Lifetime CGHS Contribution to such pensioners. Needless to mention that BSNL must create a Post-Employment Medical Benefits Trust on a Defined Contribution Basis for the provision of medical benefits to BSNL Recruited Employees.

 

Click Here for Letter

 BSNL calls for Expression of Interest from prospective bidders in spirit of ‘Atam Nirbhar Bharat’ for tentative 57000 4G sites

 

BSNL has finally called for the Expression of Interest (EoI) from prospective bidders, who are willing to participate in its upcoming 4G tender, for all the zones of BSNL plus Delhi and Mumbai LSA.

In consideration of ‘Atam Nirbhar Bharat’ initiative of Government of India to promote indigenous manufacturing in telecom sector, only Indian Companies (either System Integrator or Original Equipment Manufacturer) irrespective of technical proven-ness of their equipment have been allowed in EoI. Meaning thereby, the companies not having technical proven-ness of their equipment as on the date of proposal shall meet this condition by successful completion of Proof of Concept (PoC). The instructions of Government of India qua Public Procurement have been made applicable in 4G tendering process. The bidders having, or likely to have within 2 years, any equity stake in, or operating partnership (except for government projects) with, any other cellular operator other than MTNL are debarred.

This EoI gains importance in wake of BSNL taking-over MTNL’s Mobile Network in Delhi and Mumbai w.e.f. 01.01.2021.

Detailed NIT for 4G

BESA wishes Happy New Year

 

 

Majority Recognised Association fails to protect the Constitutional Rights of Open Category Candidates

 

Before, discussing the biased attitude of BSNL Management and the failure of Majority Recognised Association to protect the Constitutional Rights of Open Category Candidates, it is worth to recapitulate the judicial and legislative history of Reservation in Promotion.

 

On 16.11.1992, the Hon’ble Supreme Court in Indira Sawhney’s Case held that the Constitution of India doesn’t provide for Reservation in Promotion and the existing practice of providing Reservation in Promotion must be discontinued within 5 years. On 17.06.1995, 77^th Constitutional Amendment was passed to allow the Reservation in Promotion. On 10.10.1995, the Hon’ble Supreme Court in Virpal Singh Chauhan’s Case propounded Catch-up Rule (i.e. the Reservation in Promotion would not provide consequential seniority in the promoted cadre to SC/ST Candidates). Therefore, the seniority of SC/ST Candidates vis-à-vis seniority of Open Candidates in promoted cadre would remain the same which they had in substantive cadre. On 04.01.2002, 85^th Constitutional Amendment was passed to allow the consequential seniority to SC/ST Candidates in the promoted cadre.

 

77^th and 85^th Constitutional Amendment came before Hon’ble Supreme Court for judicial scrutiny in M. Nagaraj’s Case. On 19.10.2006, the Hon’ble Supreme Court in M. Nagaraj’s Case held that the SC/ST Candidates can be given Reservation in Promotion with Consequential Seniority in the promoted cadre (up to the quota earmarked for the SC/ST Candidates, but within the over-all cap of 50% reservation) only with the compliance of three riders namely, (i) Collecting Quantifiable Data w.r.t. Backwardness of SC/ST Candidates, (ii) Ascertaining Over-all Inadequacy of Representation of SC/ST Candidates in Public Services and (iii) Complying Administrative Efficiency u/a 335. On 26.09.2018, the Hon’ble Supreme Court in Jarnail Singh’s Case (i) imposed the concept of Creamy Layer for SC/ST Candidates (ii) removed 1^st rider of M. Nagaraj’s Case and (iii) mandated the Pyramidic Structure of Reservation (i.e. as one moves up in the hierarchy the element of reservation has to come down) instead of Flat Vertical Structure of Reservation.

 

Based on the aforesaid judicial precedent, Hon’ble Supreme Court and Hon’ble High Courts came to decide numerous cases with directions that the State shall not follow the Reservation in Promotion without the compliance of riders mentioned in M. Nagaraj’s Case and Jarnail Singh’s Case. The Hon’ble Chandigarh CAT also passed interim/final orders with respect to BSNL in following cases, -

Narender Singh vs BSNL           JAO to AO         [OA No. 647/2012]

Prakashvir vs BSNL                   AO to CAO        [OA No. 332/2017]

Anupam Yadav vs BSNL            AO to CAO        [OA No. 1435/2018]

Naveen Sharma vs BSNL           JTO to SDE       [OA No. 605/2015]

Swinderjit Singh vs BSNL          JTO to SDE       [OA No. 504/2015]

Sukhvinder Singh vs BSNL       SDE to DE        [OA No. 864/2015]

Ramesh Kumar vs BSNL           SDE to DE        [OA No. 750/2018]

Arun Yadav vs BSNL                  JE to JAO         [OA No. 977/2016]

Manoj Sheokand vs BSNL         JE to JAO         [OA No. 864/2016]

Ashok Kumar vs BSNL              JE to JTO         [OA No. 230/2018]

 

The Hon’ble Chandigarh Bench of CAT in its orders have repeatedly directed BSNL (i) to make promotion without reservation for SC/ST Category, (ii) to apply catch-up rule, and (iii) to review the promotions made in violation of law. BSNL notably lost all the reviews/revisions/appeals filed against these interim/final orders before the Hon’ble Panjab and Haryana High Court.

 

The Parliamentary Committee on the Welfare of Schedule Castes and Schedule Tribes, vides its OM dated 27.08.2019 directed Secretary DOT and Chairman BSNL to seek the opinion of Department of Personnel and Training and Attorney General of India and Ministry of Law and Justice on the issues of Reservation in Promotion and Catch-up Rule. The Department of Telecommunication accordingly took the opinion of Ld. Attorney General of India and issued the following clarification on the contentious issues that, -

The judgment of Hon’ble Supreme Court in catena of cases titled as M. Nagaraj vs UOI, Jarnail Singh vs Lachhmi Narain Gupta, U.P. Power Corporation vs Rajesh Kumar, Paneerselvam vs Government of Tamil Nadu, Suraj Bhan Meena vs State of Rajasthan, Ajit Singh (II) vs State of Punjab, UOI vs Virpal Singh Chauhan has held that, -

i.    The reservation in promotion is not a fundamental right for the SC/ST Candidates.

ii.  The state is under no obligation to implement the Reservation in Promotion for SC/ST Candidates. However, if state wish to implement Reservation in Promotion for SC/ST Candidates, it shall have, -

a.   to collect the quantifiable data w.r.t. backwardness,

b.  to ascertain the inadequacy of representation,

c.   to honour the limit of maximum 50% reservation,

d.  to show the compliance of Article 335.

e.   to define the creamy layer.

iii. The Catch-up Rule is applicable if any promotion is made in violation of judicial dictum.

 

Needless to mention that Mrs. Sujata Ray (then Director HR/Finance BSNL) pigheadedly and lawlessly made promotions in the cadre of AO, CAO and AGM, which the Hon’ble Chandigarh Bench of CAT later on declared provisional in OA No. 332/2017 and OA No. 750/2018. While directing BSNL to hold review DPC, the Hon’ble Chandigarh Bench of CAT clarified that the candidates belonging to SC/ST Category, who got accelerated promotions, shall not avail the benefit of seniority in promoted cadre.

 

This is how the recalcitrant and arbitrary approach of BSNL management is spoiling the career of several thousand executives working in BSNL, whereby all the promotions across the cadres have been illegally and intentionally stopped due to the biased and vicious view obtained by BSNL management against the candidates belonging to Open Category. Instead of following judicial dictum, the BSNL Management is itself indulging in unnecessary litigation.

 

The misfortune of Open Category Candidates is also coupled with the fact that the Majority Representative Association is not pursuing their genuine and judiciously decided case just for the sake of SC/ST Vote Bank Politics.

 

Therefore, in light of DOT Clarification No. 10-01/2017-SCT(Vol.IV)Pt.II dated 13.10.2020, BSNL Management is once more requested to recast the seniority in all the cadres by applying catch-up rule and also by complying the orders passed in OA No. 332/2017 and OA No. 750/2018.

 

Copy of BESA Letter

Copy of DOT Clarification

 BESA condemns the remarks of

Sh. Ananth Kumar Hegde, BJP MP Karnataka.

BESA strongly condemns the irresponsible and derogatory remarks such as anti-nationals passed publicly against the BSNL employees by Shri Ananth Kumar Hegde, BJP MP Karnataka. His remarks are not only unparliamentary but also defamatory for BSNL and its employees. His remarks have tarnished the image of BSNL and its employees. Whereas, the consecutive governments have deprived BSNL of 4G airwaves just for the purpose of giving undue advantage to Private Telecom Operators over BSNL.

It is only BSNL employees who have served the nation round the clock at the time of distress. Let’s remind all that BSNL services have remained up during Chennai and Kerala floods. BSNL Services have also remained up during Hudhud cyclone. The State Governments have appreciated the splendid services of BSNL. Above all, we do provide telecom services to strategic organizations in the country including Defence Services. All this we have been able to do despite the Government’s step-motherly treatment meted-out on BSNL. Thus, there arises no point of downplaying the importance of BSNL, which has been working without 4G airwave/services.

Therefore, we appeal to one and all that they should campaign for the allotment of 4G airwave to BSNL so that it could have level playing field in the market at par with other telecom operators.

And, we reiterate that Shri Hegde doesn’t enjoy any Parliamentary Privilege in respect of his defamatory remarks passed against BSNL and its employees. Therefore, he must apologize for his unparliamentary behavior.

BESA demands re-verification of nomination paper filed for 2^nd MV by participating associations

It is understood that many associations participating in 2^nd MV have lost their All India Registration under Central Act i.e. Society Registration Act 1860. Whereupon, such associations got themselves registered under State Act such as Haryana Registration and Regulation of Societies Act 2012 and Madhya Pradesh Society Registrikaran Adhiniyam 1973, etc.

Pertinently, these State Acts have extent and application only to the State of their Registration for the purpose of Article 246 of Constitution of India, extracted as under, -

246. (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”.

Therefore, any association registered under State Act has no legal status outside the state of registration and thus cannot be allowed to contest 2^nd MV on All India Basis.

Click here for BESA Letter

Why did AIGETOA cheat on JTO Cadre?

Dear Colleagues,

As you know that in June 2018, BSNL Management created 3105 AGM Posts by abolishing 3105 SDE Posts. This all was got done illegally and malicely by SNEA in connivance of AIGETOA’s Top Leaders under the greed of getting AGM Promotions. Let me explain you.

Who lost from abolition of 3105 SDE Posts?

Definitely, JTO cadre lost because they were waiting for their first promotion in the cadre of SDE and they would now not be getting promotion against these 3105 abolished posts. These JTOs were primarily DRJTOs and AIGETOA did not stand-out for them.

Who gained from creation 3105 AGM Posts?

Definitely, SDE cadre gained because they got additional AGM 3105 posts for their further promotion. These SDEs were 100% members of SNEA.

Who is Culprit?

SNEA did this mischief for the benefit of their members. But, why did Top Leaders of AIGETOA let this mischief happen at the cost of career of their own DRJTO friends? There are many candidates left-out in DRJTO2001, DRJTO2002 and DRJTO2005 Batch, who are still JTO. DRJTO2007 onwards Batches are JTO in entirety. If these 3105 posts in the cadre of SDE had not been abolished, these left-out JTOs (who have been staggering in JTO cadre for 14-19 years) would have a hope of promotion in the cadre of SDE.

The Top Leaders of AIGETOA had greed of getting promotion in AGM Cadre the cadre by getting cleared SDE Seniority List-8 and for this purpose they allowed the creation of 3105 posts in AGM Cadre by abolishing 3105 Posts in SDE Cadre. AIGETOA has now reduced itself to an association of LDCE2008 Batch. When AIGETOA was caught of this mischief, it just for the namesake wrote a letter to MoC for promotion of JTOs.

Shame on AIGETOA which is on the one hand asking BSNL Recruitees to unite and on the other hand hampering the careers of its own comrade.

So, Dear BSNL Recruitees be vigilant your protest against this mischief must reflect on ballot paper in MV. Speak up and Stand out for the protection of your rights and rest assured BESA would ever stand by you.

Click Here For Notesheet.

Regards,

Surinder Mahar

AIP, BESA

Repatriate ITS Officers...

Dear Members,

As you aware that unabsorbed ITS officers were deployed in BSNL for 10 years on diminishing basis. But, the ITS dominated BSNL Management out of cronyism has slantways kept deployed excessive ITS officers in BSNL since 2012-13.

Presently, 490 ITS officers are working in BSNL against the sanctioned strength of 269 SAG and 137 JAG level ITS (Year 2019-20). Whereas, BSNL has its own pool of competent officers at the level of SAG and JAG level, i.e. CE-Civil 110, EC-Electrical 35, Absorbed ITS 35, BSNL Recruited GM 44, which could be utilised as replacement of ITS officers currently deployed in BSNL.

Surprisingly, the pay and allowances of excessive ITS officers deployed in BSNL are being drawn without any administrative sanction? This is a serious financial lapse, contributing towards the financial downturn of BSNL.

Thus, we have written to Sh. P. K. Purwar CMD BSNL for, -

1.           Repatriate immediately all the excessive ITS officers deployed in BSNL;

2.           Lodge the claim before DOT for reimbursement of pay and allowances paid to these excessively deployed ITS officers in BSNL since 11.03.2013; and

3.         Lodge the claim before DOT for reimbursement of medical benefits (under BSNLMRS) illegally paid to ITS officers since 01.10.2000.

Our Letter for repatriation of ITS

DOT Letter for deployment of ITS

DOT Letter for Excess ITS in BSNL

Regards,

Vivek Saxena

AGS, BESA

Meeting with Hon’ble Minister of Communication

Dear Members,

Today at 1500 hrs a meeting with Hon'ble Minister of Communication Sh. Ravi Shankar Prasad was convened at Sanchar Bhawan, New Delhi. The Hon’ble Minister emphasized, -

1.           BSNL has strategic importance.

2.           For healthy competition, the presence of PSU is necessary.

3.           BSNL will neither be closed nor be privatized.

4.           Rs. 72000 Crores Revival Package is the biggest package ever given to any PSU.

5.         All unions and associations need to make VRS a success. However, if VRS doesn’t succeed, the option of reducing retirement age to 58 years is open.

6.           There will be strict application of manpower cut measures.

7.           Ministry will make efforts that all government departments should use BSNL service.

8.           BSNL will be the driver of ambitious Digital INDIA Program.

9.           Asset monetization for revenue generation to speed up.

10.        All unions and associations must publicize and circulate the information w.r.t. VRS and Revival Package.

11.        Those who don't have belongingness with BSNL have to leave BSNL.

Regards,

Vivek Saxena

AGS, BESA

New Central Executive Committee...

Dear Members,

The Annual General Meeting of Central Executive Committee, in terms of Rule 5.a.ii., was convened at New Delhi on 13^th Day of October 2019; and the members of Central Executive Committee resolved to reshuffle the Central Executive Committee of BESA in terms of Rule 7.e. as under:

Post	Name of Office Bearer
President	Sh. Surinder Mahar, AO (200401316)
Vice President – I	Sh. Rajeev Kumar, SDE (200700374)
Vice President – II	Sh. Ganesh Ram Burdak, SDE (200700824)
General Secretary	Sh. Ram Pratap Shahu, SDE (200206440)
Assistant General Secretary – I	Smt. Yogeeta Tiwari, AO (200402562)
Assistant General Secretary – II	Sh. Vivek Saxena, JTO (200700916)
Assistant General Secretary – III	Sh. Santanu Basu, AO (201100302)
Assistant General Secretary – IV	Sh. Tarun Kumar Gadabad, AO (200400296)
Joint Secretary – East	Sh. Prem Tiwari, JAO (60250001)
Joint Secretary – West	Sh. Harsh Fatnani, AO (200401444)
Joint Secretary – North	Sh. Anirudh Pareek, JTO (01000950)
Joint Secretary – South	Smt. B. Sridevi, AO (200400043)
Treasurer	Sh. Vijay Kumar, AO (200402590)
Assistant Treasurer	Sh. Arun Yadav, JAO (200905277)
Web Secretary	Sh. Devendra Modi, SDE (201001224)

Click Here for Letter

Regards and Wishes,

Surinder Mahar

President, BESA