LAWS(P&H)-2008-5-232

DALBIR SINGH Vs. BHARAT SANCHAR NIGAM LIMITED

Decided On May 30, 2008
DALBIR SINGH Appellant
V/S
BHARAT SANCHAR NIGAM LIMITED Respondents

JUDGEMENT

(1.) In this petition filed under Articles 226/227 of the Constitution of India, the prayer made is for issuance of a writ in the nature of certiorari to quash the Waiting List of 3338 candidates for promotion as Junior Telecom Officers (hereinafter referred to as 'J.T.Os') in Bharat Sanchar Nigam Limited (hereinafter referred to as 'B.S.N.L'), against 35% quota prepared in pursuance of the Screening Test held on April 23,2000. The petitioners have also prayed for issuance of a writ in the nature of mandamus directing the respondents to hold the Departmental Competitive Examination for promotion as J.T.Os afresh so that the claim of eligible candidates could be considered.

(2.) The facts of the case, as set out in the petition, are as under:

(3.) The petitioners are employees of B.S.N.L. Earlier, the service conditions for the post of J.T.O in the B.S.N.L were governed by the statutory rules called Junior Telecom Officers' Recruitment Rules, 1996 (hereinafter referred to as 'the Rules of 1996'). Under the Rules of 1996, 50% posts of J.T.Os were to be filled up by way of direct recruitment from open competition and 50% by way of promotion from internal eligible candidates. Out of this internal 50% quota, 15% vacancies were to be filled up by promotion through Departmental Competitive Examination and remaining 35% vacancies were to be filled up through the Screening Qualifying Examination from amongst the eligible departmental candidates. Qua 35% vacancies to be filled up through Screening Qualifying Examination i.e internal promotions quota, the following candidates were eligible: