SAVITA BHATNAGAR Vs. UNION OF INDIA
HIGH COURT OF DELHI
UNION OF INDIA
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REKHA SHARMA, J. -
(1.) The petitioners are erstwhile employees of the Department of
Telecommunication (DOT) and presently of Mahanagar Telephone Nigam Limited
(MTNL). They joined the DOT on various dates between "July 1986 to November 1993
as Group D stenographers after qualifying the examination conducted by the Staff
(2.) It so happened that the Government of India took a decision to
corporatise the telecommunication network in the country and consequently two
companies, namely, Mahanagar Telephone Nigam Limited (MTNL) and Bharat Sanchar
Nigam Limited (BSNL) came into existence w.e.f October 1, 2000. On bifurcation
of DOT, officials were allotted to BSNL initially on "as is where is basis", and
were treated on "deemed deputation". The process of permanent absorption of DOT
employees in BSNL was undertaken sometime between August- September 2001 by
calling options from various categories of Central Secretariat Staff borne on
the cadres of DOT including Grade D Stenographers. The petitioners are those
Grade D Stenographers who opted for absorption in BSNL. Their options were
accepted and they were placed at the disposal of BSNL w.e.f January 1, 2002
while the absorption was given effect from January 1, 2000 the day the BSNL
had come into existence.
(3.) The next promotion for a Grade D Stenographer is to the post of Personal
Assistant or Grade C Stenographer. On July 4, 2003 the BSNL framed and published
Recruitment Rules for appointment/ promotion to the post of Personal Assistants
together with that of other Secretarial cadre. The said Rules provide that
appointment to the post of Personal Assistant shall be 50% by promotion from
Grade D Stenographer with 5 years regular service in the grade on the basis of
'limited internal competitive examination.' Pursuant thereto, on February 23,
2006, a notification was issued proposing to hold the aforesaid examination for
promotion to the posts of Personal Assistants.
The facts noticed above are not in dispute.;
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