it2025_00523 — When appointment as JTO has been treated as a fresh appointment and the pay at the previous post of TTA held by the Applicants had been protected and pay fixation made by the Respondents, fixation of pay is correct and thus, on merit no case is made out. Further, limitation of over five years also goes against the Applicants

IT Rules

When appointment as JTO has been treated as a fresh appointment and the pay at the previous post of TTA held by the Applicants had been protected and pay fixation made by the Respondents, fixation of pay is correct and thus, on merit no case is made out. Further, limitation of over five years also goes against the Applicants — This chunk discusses the pay fixation issue for four Applicants who were appointed as Junior Telecom Officers (JTOs) in Bharat Sanchar Nigam Limited (BSNL). The fixation was done by granting incremen... — Facts: The four Applicants in this OA are Junior Telecom Officers (JTOs) in the Bharat Sanchar Nigam Limited (BSNL) who are, aggrieved by the refusal of the Respondents to fix their pay in the cadre of JTO, by permitting them to have an option for fixation under the revised pay scheme from their dates of appointment as JTO. Applicant Nos. 1, 3 and 4 were appointed after training as JTO with effect from 25-5-2009. The Applicant No. 2 was appointed at JTO on 20-7-2009. When they were appointed as JTOs, the pay scale of the post had already been revised to ₹ 16,400 - 40,500, with effect from 1-1-2007. Hence, on their appointment they were given a fixation at the stage of ₹ 16,400 in this revised pay scale. Further, period of service for increment was taken as starting from the date of commencement of training as JTO, in respect of Applicants-1 and 2. However, for the other Applicants the period of service was reckoned only from their date of appointment as JTO. It is also submitted that the pay scale of TTAs was also revised to ₹ 13,600 - 25,420, with effect from 1-1-2007 as per Order, dated 7-5-2010. The IDA neutralization was at the rate of 68.8% on basic pay scale, which later was revised to 78.2%. As per Paragraph 3.3 of the relevant office order, notional increment on promotion is to be given at the rate of 3% per annum on the existing basic pay and pay is to be fixed in the revised pay scale of ₹ 16,400 - 40,500. Further, the same order, also has a provision in Paragraph 3.6 that non-executives of BSNL can opt for revision of pay
(i) after 1-1-2007 or
(ii) from the date of promotion after 1-1-2007 or
(iii) from the date of next increment in the existing scale. Further it is also provided that the option under this shall be exercised in writing in the form as per Annexure - II of the order, so as to reach the authorities concerned within 3 months from the date of issue of this order. The Applicants are aggrieved by the fact that they were not given the option to defer their pay fixation as per option in the revised scales to the date of their appointment as JTO. A similar provision is provided in another office Circular, dated 31-3-2009 which deals with the revision of scale of pay with effect from 1-1-2007 of Board level and below Board level executives of BSNL, produced at Annexure - A2. They point out that in clarification to the query at Paragraph 5 of the circular as to whether the executives who have been promoted to the higher grades of Executives or granted time bound upgradation under Executive Promotion Policy on or after 1-1-2007 have any option to get their pay fixed from the date of their promotion / date of upgradation, it has been clarified that the executives can opt to get the revision of pay on 1-1-2007 or from the date of promotion after 1-1-2007 or from the date of next increment in the existing scale. The Applicants submit that their pay had been fixed at ₹ 17,840 in the TTA cadre as on 1-1-2007. On the date of appointment as JTO, i.e. 25-5-2009 in the case of Applicant Nos. 1, 3 and 4 and 20-7-2009 in the case of Applicant No. 2, their revised pay was at the stage of ₹ 18,940, after drawing increments in the year 2007 and 2008. Refixing the pay in the JTO scale from the revised scale applicable to TTA, their pay had been fixed at ₹ 19,020 in the JTO cadre. It is submitted that this was at the stage of pay after including 5 increments in the pay scale of JTO ₹ 16,400 - 40,500. Such a fixation by granting 5 increments had been done because BSNL had directed that the pay of fresh entrants in the JTO cadre would be fixed after giving 5 increments in ₹ 16,400 - 40,500 pay scale on their appointment. It is submitted that the pay of the Applicants at Sl. No. 1 and 2 was accordingly fixed on this basis as if they were fresh entrants in service by totally ignoring their past service in the BSNL as TTA. Copy of the pay fixation orders issued in the case of the 1st Applicant has been produced. This establishes that the pay as on 25-5-2009 was fixed at ₹ 19,020. Similar orders were passed in the case of the 2nd Applicant. Further, in the case of Applicants at Sl. No. 3 and 4, the pay was fixed after granting one increment from the stage of ₹ 18,940, which was the pay in the TTA cadre on their date of appointment as JTO. Hence, their pay, in comparison, came to be fixed slightly higher than the Applicants at Sl. No. 1 and 2 at ₹ 19,510 in the same scale of ₹ 16,400 - 40,500 in the JTO cadre. Copy of the refixation of pay of Applicant at Sl. No. 3 has been produced. This shows that the pay had been fixed at ₹ 19,510 with effect from the date he was directly recruited as JTO on 25-5-2009. The above pay fixation, as per the Applicants clearly reveal that there was no consistent method followed by the Respondents in the case of the Applicants therein. Hence, they claim that if they were permitted to exercise the option as provided under the aforesaid Paragraph 3.6 of office Order, dated 7-5-2010, or under Paragraph 5 clarification provided in the Circular, dated 31-3-2009 in relation to fixation of pay of Board level and below Board level Executives of BSNL, their pay should have been revised. As per the Applicants, it is clear that the pay on fixation as JTO should have been at ₹ 22,820 instead of ₹ 19,020 / ₹ 19,510 as had been done in their cases. Similar fixation had been granted to many others who were appointed like the Applicants in the cadre of JTO pursuant to direct recruitment. In this connection the Memos issued by BSNL, Office of General Manager, Kolar in respect of officials working therein have been produced who are senior or identical to the Applicants. They were granted an option to defer the revision of pay to the date of appointment as JTO. Hence, in light of the above background, the Applicants submit that they gave representations to the Respondents (BSNL). A copy of one such representation submitted by the 1st Applicant dated 20-7-2010, has been produced at Annexure A7. However, this was replied to by the BSNL, Office of GM, Telecom District, Kannur by the Letters, dated 28-7-2010 by which, the 1st Applicant was advised that he had been appointed as JTO on direct recruitment for the year 2007 with effect from 25-5-2009 in the scale of pay of ₹ 16,400 - 40,500. Hence the pay fixation requested by him cannot be granted. The Respondents have filed a reply statement, in which they have maintained that the OA is clearly barred by limitation. The Applicants ought to have approached this Tribunal within one year from the date of rejection of the representations, which had given rise to the cause of action in the case. The reference to the pay fixation itself is only consequential. As regards merits, it is pointed out that in the case of the Applicants herein, Clause 3.6 which provides this option is not applicable in view of the specific BSNL Circular, dated 28-3-2012 which was referred to in the letter addressed to the 1st Applicant at Annexure A-10. It was clarified that the Applicants had got selection as JTO in BSNL under outside direct recruitment quota and that the resignation tendered by the applications is treated as 'technical resignation' by the competent authority. It cannot however, be treated as 'promotion'. On implementing the 2nd IDA scale with effect from 1-1-2007, the pay of the Applicants was fixed at ₹ 16,900 (68.8%) / ₹ 17,840 (78.2%) in the scale of pay for TTA's of ₹ 13,600 - 25,420, with date of next increment as 1-9-2007. Since all the applications got selection as JTO in the BSNL itself, though in 'outside recruitment quota', the competent authority extended approval for the technical resignation sought by them from the post of TTA with effect from 14-2-2009 so as to enable them to join the new post.

IT Rules

When appointment as JTO has been treated as a fresh appointment and the pay at the previous post of TTA held by the Applicants had been protected and pay fixation made by the Respondents, fixation of pay is correct and thus, on merit no case is made out. Further, limitation of over five years also goes against the Applicants — This chunk discusses the pay fixation issue for four Applicants who were appointed as Junior Telecom Officers (JTOs) in Bharat Sanchar Nigam Limited (BSNL). The fixation was done by granting incremen... — Facts: The four Applicants in this OA are Junior Telecom Officers (JTOs) in the Bharat Sanchar Nigam Limited (BSNL) who are, aggrieved by the refusal of the Respondents to fix their pay in the cadre of JTO, by permitting them to have an option for fixation under the revised pay scheme from their dates of appointment as JTO. Applicant Nos. 1, 3 and 4 were appointed after training as JTO with effect from 25-5-2009. The Applicant No. 2 was appointed at JTO on 20-7-2009. When they were appointed as JTOs, the pay scale of the post had already been revised to ₹ 16,400 - 40,500, with effect from 1-1-2007. Hence, on their appointment they were given a fixation at the stage of ₹ 16,400 in this revised pay scale. Further, period of service for increment was taken as starting from the date of commencement of training as JTO, in respect of Applicants-1 and 2. However, for the other Applicants the period of service was reckoned only from their date of appointment as JTO. It is also submitted that the pay scale of TTAs was also revised to ₹ 13,600 - 25,420, with effect from 1-1-2007 as per Order, dated 7-5-2010. The IDA neutralization was at the rate of 68.8% on basic pay scale, which later was revised to 78.2%. As per Paragraph 3.3 of the relevant office order, notional increment on promotion is to be given at the rate of 3% per annum on the existing basic pay and pay is to be fixed in the revised pay scale of ₹ 16,400 - 40,500. Further, the same order, also has a provision in Paragraph 3.6 that non-executives of BSNL can opt for revision of pay
(i) after 1-1-2007 or
(ii) from the date of promotion after 1-1-2007 or
(iii) from the date of next increment in the existing scale. Further it is also provided that the option under this shall be exercised in writing in the form as per Annexure - II of the order, so as to reach the authorities concerned within 3 months from the date of issue of this order. The Applicants are aggrieved by the fact that they were not given the option to defer their pay fixation as per option in the revised scales to the date of their appointment as JTO. A similar provision is provided in another office Circular, dated 31-3-2009 which deals with the revision of scale of pay with effect from 1-1-2007 of Board level and below Board level executives of BSNL, produced at Annexure - A2. They point out that in clarification to the query at Paragraph 5 of the circular as to whether the executives who have been promoted to the higher grades of Executives or granted time bound upgradation under Executive Promotion Policy on or after 1-1-2007 have any option to get their pay fixed from the date of their promotion / date of upgradation, it has been clarified that the executives can opt to get the revision of pay on 1-1-2007 or from the date of promotion after 1-1-2007 or from the date of next increment in the existing scale. The Applicants submit that their pay had been fixed at ₹ 17,840 in the TTA cadre as on 1-1-2007. On the date of appointment as JTO, i.e. 25-5-2009 in the case of Applicant Nos. 1, 3 and 4 and 20-7-2009 in the case of Applicant No. 2, their revised pay was at the stage of ₹ 18,940, after drawing increments in the year 2007 and 2008. Refixing the pay in the JTO scale from the revised scale applicable to TTA, their pay had been fixed at ₹ 19,020 in the JTO cadre. It is submitted that this was at the stage of pay after including 5 increments in the pay scale of JTO ₹ 16,400 - 40,500. Such a fixation by granting 5 increments had been done because BSNL had directed that the pay of fresh entrants in the JTO cadre would be fixed after giving 5 increments in ₹ 16,400 - 40,500 pay scale on their appointment. It is submitted that the pay of the Applicants at Sl. No. 1 and 2 was accordingly fixed on this basis as if they were fresh entrants in service by totally ignoring their past service in the BSNL as TTA. Copy of the pay fixation orders issued in the case of the 1st Applicant has been produced. This establishes that the pay as on 25-5-2009 was fixed at ₹ 19,020. Similar orders were passed in the case of the 2nd Applicant. Further, in the case of Applicants at Sl. No. 3 and 4, the pay was fixed after granting one increment from the stage of ₹ 18,940, which was the pay in the TTA cadre on their date of appointment as JTO. Hence, their pay, in comparison, came to be fixed slightly higher than the Applicants at Sl. No. 1 and 2 at ₹ 19,510 in the same scale of ₹ 16,400 - 40,500 in the JTO cadre. Copy of the refixation of pay of Applicant at Sl. No. 3 has been produced. This shows that the pay had been fixed at ₹ 19,510 with effect from the date he was directly recruited as JTO on 25-5-2009. The above pay fixation, as per the Applicants clearly reveal that there was no consistent method followed by the Respondents in the case of the Applicants therein. Hence, they claim that if they were permitted to exercise the option as provided under the aforesaid Paragraph 3.6 of office Order, dated 7-5-2010, or under Paragraph 5 clarification provided in the Circular, dated 31-3-2009 in relation to fixation of pay of Board level and below Board level Executives of BSNL, their pay should have been revised. As per the Applicants, it is clear that the pay on fixation as JTO should have been at ₹ 22,820 instead of ₹ 19,020 / ₹ 19,510 as had been done in their cases. Similar fixation had been granted to many others who were appointed like the Applicants in the cadre of JTO pursuant to direct recruitment. In this connection the Memos issued by BSNL, Office of General Manager, Kolar in respect of officials working therein have been produced who are senior or identical to the Applicants. They were granted an option to defer the revision of pay to the date of appointment as JTO. Hence, in light of the above background, the Applicants submit that they gave representations to the Respondents (BSNL). A copy of one such representation submitted by the 1st Applicant dated 20-7-2010, has been produced at Annexure A7. However, this was replied to by the BSNL, Office of GM, Telecom District, Kannur by the Letters, dated 28-7-2010 by which, the 1st Applicant was advised that he had been appointed as JTO on direct recruitment for the year 2007 with effect from 25-5-2009 in the scale of pay of ₹ 16,400 - 40,500. Hence the pay fixation requested by him cannot be granted. The Respondents have filed a reply statement, in which they have maintained that the OA is clearly barred by limitation. The Applicants ought to have approached this Tribunal within one year from the date of rejection of the representations, which had given rise to the cause of action in the case. The reference to the pay fixation itself is only consequential. As regards merits, it is pointed out that in the case of the Applicants herein, Clause 3.6 which provides this option is not applicable in view of the specific BSNL Circular, dated 28-3-2012 which was referred to in the letter addressed to the 1st Applicant at Annexure A-10. It was clarified that the Applicants had got selection as JTO in BSNL under outside direct recruitment quota and that the resignation tendered by the applications is treated as 'technical resignation' by the competent authority. It cannot however, be treated as 'promotion'. On implementing the 2nd IDA scale with effect from 1-1-2007, the pay of the Applicants was fixed at ₹ 16,900 (68.8%) / ₹ 17,840 (78.2%) in the scale of pay for TTA's of ₹ 13,600 - 25,420, with date of next increment as 1-9-2007. Since all the applications got selection as JTO in the BSNL itself, though in 'outside recruitment quota', the competent authority extended approval for the technical resignation sought by them from the post of TTA with effect from 14-2-2009 so as to enable them to join the new post.

Original Rule Text

Original Rule Text