22-10-2020

Meeting with Shri Arvind Vadnerkar, DIR(HR) on 20.10.2020:

GS and AGS had detailed meeting with DIR(HR) on the following points. PGM(Pers), Sr GM(Estt), Sr GM(SR) and GM(Restg) present in the meeting. Detailed discussion continued for almost 3 hours.

1. Progress on implementation of Non-post based, Time Bound Functional Promotion (BEPPARR 2017) w.e.f. 01.07.2018.

DIR(HR) informed that BSNL is waiting for the reply from DoT. We explained that, BSNL sought the guidance from DoT on 10.04.2019. DoT did not reply even after 18 months, it means DoT is not having any objection. As such, the policy can be implemented immediately w.e.from 01.07.2018. Govt guidelines can be implemented as and when it is received we suggested.

Further we explained that CMD suggestion for DGM promotion after 58+ age is not at all acceptable to us. It shows that BSNL management is not interested to have its own management and want to continue with the deputation of ITS. For creating its own management, BEPPARR 2017 should be implemented from 01.07.2018 onwards and new JTO/JAOs should become AGM/CAO at the age of 40. It is required to maintain parity with the Juniors promoted in June 2018. To address the huge stagnation and abnormal delay in promotions in most of the cadres and to give some weightage for the past service, BSNL itself proposed the implementation from 01.01.2017. The apprehension that Executives will become AGM/CAO in 15 years and thereafter another 15-20 years they have to work without any promotion is not correct. BSNL Executives should get promotion opportunities upto GM/CGM level. This is possible only when the Executives get promotion as AGM/CAO Grades at the age of 40 - 45 so that they can move forward as DGM, Jt GM, Addl GM/GM and CGM, as per merit, in the remaining 15-20 years of service. Today, there is not a single Regular DGM even after 20 years of BSNL formation, showing the sorry state of affairs! Today, many JTOs retiring as JTOs without promotion and remaining are retiring as SDE/AO or AGM/CAO.

Further, new Executives only become AGM/CAO in 15 years that will happen only after 2031. Till that time, all promotions to AGM/CAO Grades will be from senior Executives having 20 to 30 years of service. The given chart provides status of promotion in different wings:

On the approval of BEPPAR 2017, as per clause 1.3, all the RRs upto AGM equivalent Grade stands scrapped. Any other mode of promotion will lead to discrimination, controversy and litigations as it is against the approved CPSU Cadre Hierarchy policy provisions.

About promotions given on 29.06.2018 (2226 AO, 468 CAO and 4796 DE) become disputed/ provisional after the CAT/CDG order dated 25.02.2020, temporarily closing the doors of further promotions. On the query of whether the CAT judgment and direction to be followed in reservation is in general nature, applicable for promotion to all the Cadres or applicable only for AO, CAO, DE promotions, management is clueless. Management clarified that the recent guidelines issued by DoT on 13.10.2020 regarding Reservation in promotion is to be followed by BSNL which made the reservation in all promotions much complicated. 

Mgt should consider promotion to all the Grades with Uniformity and Parity, we demanded. All the promotions should be effective from 29.06.2018/ 01.07.2018 to have parity with the juniors from other streams promoted on 29.06.2018. SDE vacancies are available in June 2018 itself and due to court case only, promotion orders not issued. The AIEL circulated now also the same as that of 20.02.2015 with slight changes for the supernumerary JTOs recruited in 2001. So the promotion order for those posts should be issued w.e.f. 29.06.2018, notionally, we demanded by brining parity by promoting the JTOs of 2012 rect year also.

It seems that Management is considering the possibility of SDE promotion without reservation covering upto 2007/2008 batch. However the final vacancy position is not clear as it is to be decided at higher level, depends upon restructuring.

The Restg process is in the advanced stage. Even for the Telecom stream, SDE and DE posts will be less than 50% of todays sanction. The posts for equivalent cadres in other streams also will have almost same fate. Evenif reservation issue is not there, we can imagine the promotional avenues waiting for us after the completion of Restg.

The Assn offering faster promotion for SC/ST Executives (instead of CPSU CH promotion after every 5 years) could not promote even the 2001 rect SC JTO and 2002 rect ST JTO who completed 19/18 years of service for the unfilled vacancy of 2010-11 for which DPC held in 2018.

10 years litigation from 2010 to 2020 against SDE promotion created a backlog of 10 vacancy years in SDE cadre (from VY 2011-12 onwards) when promotion in all other cadres become current in 2018 itself. Net result is that about 5000 senior JTOs retired without promotion and the promotion of another 5000 young JTOs delayed for many years.

Executives are going to pay heavy price for derailing CPSU CH promotion (BEPPARR 2017) in collusion with the management by many groups including the present Recognised Assn which played an important role. Above all, promotion to the entire cadres upto AGM/CAO grade halted!

To break this barrier on promotion and getting CPSU CH promotion (BEPPARR 2017) delinking promotion from availability of posts is the biggest challenge for the Executives, especially for SNEA. When management is adamant and not at all positive, only option left for us is Organizational actions.

2. DoT approval for the BSNL proposal for E2 and E3 scales replacing E1A & E2A.

BSNL management is to pursue the issue with DOT seriously and settle it once for all, we demanded. This will address many issues of post 2007 rects, once for all like i) Pay loss issue, ii) E1+5 increment issue, iii) anomaly in 1^st TBP promotion for post 2007 rects etc. The PO issued by DoT lowering the pay scales from E1A & E2A to E1 & E2 is not acceptable and BSNL already written to DoT for reviewing the decision.

Surprisingly, new PGM(Pers) is of the opinion that, the pay scale given to BSNL Executives initially is high and Executives are getting higher pay even today. There is a difference of more than 43% from the pay of DOT staff. We strongly refuted this and told PGM (P) that if BSNL Executives are compared, it should be with the Executives of other PSUs. There is no comparison between PSU employees and Govt staff, we told. Comparing to other PSUs, BSNL Executives salary is much less. At the same time the salary of Govt staff working in different Ministries is one and the same.

Finally, DIR(HR) assured to take up with DoT for the settlement of  this important matter.

3. Restructuring, consolidation of SSAs by merger of small SSAs and consequent post reduction.

i) The temporary staffing norms circulated on 27.12.2019 for JTO/SDE, DE etc posts are required to be reviewed.

JTO and SDE cadres made interchangeable but on promotion, it is treated as post based. This is the double standard, we told. The number of connections required for sanction of JTO/ SDE (Rural and Urban) and DE (Rural and Urban) posts is very high. We demanded that it should be reduced considerably and post sanction, the number of Exchanges in Rural areas also to be taken into account along with DEL. Otherwise in Rural areas, it will be impossible to maintain so many Exchanges if 2500 DEL is kept as justification for JTO/SDE post and 7500 DEL+75 BTS+OFC+EB for DE(Rural) post. Similarly in Urban areas also, the number of connections to be reduced considerably from 7500 DEL for JTO/SDE and 21000 DEL for a DE post, we demanded.

After thorough discussion, DIR(HR) assured to reconsider the temporary norms as suggested by us.

As per the temporary staffing norms, the number of JTO/SDE posts will be less than 24000, which means the total SDE posts will be between 10,000 to 12,000. The DE posts will be about 2,600. If the norms are not changed and the numbers are not increasing drastically, we can imagine the promotional avenues waiting for us after the completion of Restg.

ii) By merger, small SSAs headed by TDM and TDEs got merged and GM level posts created. Moreover, at BA HQs and within SSA, Area Manager (DGM) concept is replaced with Area General Manger (GM) post thereby reducing the DGM and TDE level posts. There is no DGM under the Area GM in Cat II BA HQs whereas 4 DGMs are given under Cat I BA HQs and 1 DGM under Cat III BA HQs. The DGM posts in Category I and Category II SSAs is to be revised, we demanded.

After discussion, DIR(HR) assured to reconsider DGM posts in Category II BAs as suggested by us.

4. DGM (Telecom/Fin) Regular promotion.

We demanded that Adhoc/LA promotion should be discouraged in all the cadres. All the promotions should be on regular basis.

a) All the eligible DE/CAOs (DE(T) about 150 and CAO about 15) should be immediately given regular promotions. The 206 seniority revision is not going to alter their seniority position.

b) For the remaining DGM vacancies, we demanded onetime relaxation considering the mass retirement due to VRS and abnormal delay occurred for DE/CAO promotions. The DE/CAOs have sufficient experience in the cadre by Offtg/LA promotion but they are not having regular service due to delay in Regular promotions. Almost all are working as DGM(T/F) on LA basis.

DIR(HR) was positive on both issues and informed that DGM promotion is the one possible route as no reservation is involved in it.

5. Withdrawal of BSNLCO order dated 31.08.2020 regarding postponement of EPP for 2 years on declining the post based promotion.

This is a unilateral decision from management side. EPP 2007 is framed as per the Terms and condition for absorption after with interaction with the Executives Associations, SNEA and AIBSNLEA. Time Bound promotion and Post based promotions are different concepts not linked each other. Post based promotion is guided by DoP&T guidelines which cannot be altered by BSNL. Postponement of EPP for 2 years on declining the post based promotion is against DoP&T guidelines and EPP orders. Management tried to justify the decision but we demanded that it should be withdrawn.

6. Reversion of SDEs passed the LDCE in 2007.

We thanked DIR(HR) for restoring the SDE promotion for those reverted to JTO Cadre. Further we demanded that the matter may be decided based on the clarifications issued by Pers section and Estt section in 2007, after LDCE 2007 notification. It should not be linked with the LDCE 2010 notification/ clarification and related court cases.

BSNL pleaded the case in the CAT and HC suppressing the 2007 clarifications and quoting the PCAT order which dealt with LDCE 2010 only. Their eligibility is to be decided and the speaking order to be reviewed without waiting for the court order, we demanded. Once that happens, the related court cases also get withdrawn. Even if RP is dismissed, the eligibility as per the 2007 clarifications is to be decided by BSNL management, we explained.

Finally, DIR(HR) assured to examine the eligibility criteria and decide the matter.

The remaining issues will be discussed on another day.

22-10-2020

18-10-2020

Dept of Telecom issues clarifications to BSNL and MTNL on various queries relating to Reservation in promotion for SC/ST based on the legal opinion received from the Ld. Attorney General of India (AG) regarding various court orders and its implications through the Law Ministry and DoP&T. DoT sought the legal opinion on various points as per the direction of the Parliamentary Committee.

The Union Govt plea through the IA for giving Adhoc promotions till final decision, based on the interim order of the Hon SC also not decided by Hon SC, it is explained in para iv.b). The IA is clubbed with the SLP.

It endorses our concern and view point on the impact of reservation in promotions due to Hon Supreme Court orders and various court orders. Some Associations tried to downplay it for the sake of MV as if there is no serious problem for the promotions.

The Hon CAT/Chandigarh judgment dated 25.02.2020 against AO, CAO and DE promotions made the promotions provisional. Further Hon CAT directed BSNL to formulate policies as per the conditions laid down by the Hon CAT in its order. It is learned that same judgment is applicable for BSNL for promotion to other cadres also.

Anticipating such developments from our past experience, SNEA worked out the non-post based promotion policy well in advance which is free from litigations related to Reservation and Seniority. It is high time to go all out for its implementation from 01.07.2018, irrespective of any DPC taking place or not.

18-10-2020

GS writes to Shri Vivek Banzal, DIR(CFA):

Extra ordinary high AMC cost of 9% for Alphion OLTs procured long back on very high rates. New OLTs are available between Rs 1 lakh to 1.5 lakhs in the open market with 3 years warranty where as BSNL is paying about Rs 1.75 lakhs per OLT per year as AMC for the old, outdated Alphion OLTs. Request to immediately stop the AMC and replace the OLTs with new one. It may also be enquired how the AMC has been renewed in 2019 with such an exorbitant high rate of 9% which comes around Rs 1.75 lakh/year per OLT when new OLTs are available in the market between Rs 1 lakh to 1.5 lakhs with 3 years warranty.

18-10-2020

15-10-2020

Congratulations: BSNL circulated the AIEL of JTOs with the same age old criteria of Rect Year and Training Centre marks, vindicating SNEA stand.

The AIGETOA demand for: i) 1:1 inter-se seniority (irrespective of rect year) and ii) seniority based on Date of Joining rejected again vindicating SNEA stand.

The AIEL circulated on 12.10.2020 is same as that of the final AIEL circulated on 20.02.2015 and again on 14.06.2018, except placing the supernumerary JTOs recruited from 2001 to 2007 rect years at the bottom of each Rect years. Against these AIEL only, AIGETOA fought the cases at CAT and High Court and filed contempt petition and stopped the second DPC in 2018.

The major contention of AIGETOA was that the DR JTOs of 2001 rect year onwards are to be interpolated with 1995 to 1999 rect promotee JTOs as there was no DR rect during 1995 to 1999.  Another contention of AIGETOA was that the 1995 to 1999 rect JTOs who joined in 2001, 2002, 2003, 2004 etc through the LICE quota and SC/ST quota are excess promotees. Both contentions are not accepted by the Court as well BSNL. BSNL placed all of them in respective Rect years from 1995 to 1999, irrespective of DoJ in the new AIEL also.

Whether AIGETOA and their activists will accept this AIEL or again go for litigations as done in 2015 and 2018 is to wait and watch as the AIEL published on 14.06.2018 and 12.10.2020 is one and the same. We hope that better sense will prevail on them and they will not oppose this AIEL and stop DPC as done in the past.

Last 10 years, AIGETOA was fighting legal battle in different courts claiming for 1:1 seniority irrespective of Rect year (1:1 interpolation of 2001 rect DRs with 1995 Rect promotees) and declaring the 1995 to 1999 rect JTOs joined after 2000 as excess promotees.

If litigations were not there, all the JTOs upto 2001 would have become SDEs in 2015 itself as per the final AIEL dated 20.02.2015. Remaining JTOs become SDEs in 2018 or even earlier.

The AIEL particulars for the remaining batches also will be called shortly as assured by the management.

The new PGM(Pers) immediately after joining, took immediate action for changing the criteria of inter-se-seniority from DoJ to Rect year and Training Centre marks. He was earlier GM(Estt) and instrumental for JTO RR 2014.

Their agenda is very clear now:

i) Delay and thereby deny the promotions to large number of JTOs (1995 to 1999), about 4000 in promotee quota. They retired without getting promotions. They were not a contender for further promotion to DE.

ii) Delay the promotion of remaining JTOs upto 2005 and the 2007 and 2008 JTOs also by not allowing the DPC in 2018.

If litigation was not there, DPC and LDCE could have conducted year wise w/o delaying promotions.

Most importantly, they are working with the management to derail the much awaited Time Bound Functional Promotion (CPSU Cadre Hierarchy) which will give smooth promotion to the youngsters from 01.07.2018 onwards. Our efforts will continue to get the new promotion policy implemented and these JTOs also gets their SDE promotion from 01.07.2018 itself instead of a prospective date. Equally important, other eligible Executives in other cadres also have to get their promotion from 01.07.2018 onwards. Definitely we will be successful in our efforts and the coming CWC will be taking very strong decisions to get it implemented without any more delay.

12-10-2020

View Corporate Office Orders:
LDCE 2007 - Reversion of SDE (Telecom.) to JTO order dated 06-09-2019 kept under abeyance.

Circulation of provisional All India Eligibility List of JTO(T) for holding of DPC for promotion to SDE(T) against seniority quota...View Order copy.            View AIEL 

11-10-2020

08-10-2020

Meeting with Shri R K Goyal, PGM(Pers) on 07.10.2020

GS, President and both AGSs held detailed discussion with PGM(Pers) on various important HR issues. The scheduled meeting continued for about two hours:

1. Promotion in various Grades upto AGM Grade with Parity and Uniformity among equivalent cadres:

We updated PGM regarding details of the status of promotion in various Grades and demanded that management should find out solution to this issue by giving promotion with Parity and Uniformity. PGM very much agreed to our view for parity in promotions. We explained that about 7,500 promotions to AO, CAO and DE cadres given on 29.06.2018 become PROVISIONAL due to the court order regarding Reservation, closing the door for further promotions. Management should not create fresh legal hurdles. Since the JAO 2012 batch already given promotion, for maintaining Parity and Uniformity, the promotion for the remaining cadres also should be given from 01.07.2018 itself. For this CPSU CH Promotion is the only option we explained. It will  be further discussed in detail.

We expressed our apprehension that by the approval of CPSU CH Promotion (BEPPARR 2017) policy, all other RRs and EPP stand modified/ scrapped from 01.07.2018 and any post based promotion as per earlier RRs after 01.07.2018 may lead to litigations. So, we demanded that in case of DPC promotion also, the promotion should be given w.e.f. 29.06.2018 or 01.07.2018 for maintaining parity with equivalent cadres. Otherwise, all affected Executives will lose two more years of service and it will affect their future promotions and lead to litigations by the sufferers. In that case, the JTO AIEL should be as per the Rules, with proper zone of consideration we demanded.    

According to PGM, for SDE(T) promotion, the number of SDE vacancy is not yet finalised as it has to be discussed with DIR(HR) and CMD in view of the restructuring process going on.  

2. Adhoc to Regular DGM promotion:

We demanded that all eligible Adhoc DGM(Telecom/Fin) should be made regular at the earliest. The delay will affect their future career. PGM assured to expedite the same.

We demanded that instead of LA promotion from DE/CAO to DGM(T/F), one time relaxation in qualifying service should be given for Regular promotion for the remaining vacancies. PGM assured to discuss with DIR(HR) about the number of posts and process the same.

3. Reversion of SDEs passed the LDCE 2007:

We explained the clarification issued by BSNL CO in 2007 regarding LDCE 2007 notifications and the court cases on the matter. The PCAT order related to LDCE 2010 notification produced before the Chennai CAT and HC by the management and by misleading the court, got the case dismissed. Ignoring the clarifications regarding the eligibility, BSNLCO issued the speaking order in 2019, negating their eligibility. Ignoring the stay order from CAT, BSNL reverted some of them.

After discussion, PGM (Pers) agreed for cancelling the reversion and restore the SDE promotion.

4. SDE to DE promotion for the left out cases:

Since they are seniors and belongs to list 5, 6 & 7 and their juniors are already promoted, we demanded that they should be promoted w.e.f. 29.06.2018 itself. Unfortunately the legal opinion received is not correct. After discussion, PGM(P) assured to re-examine the matter.