B.A.ZAIDI,J. - (1.) THE 9 petitioners are BSNL employees, who were initially appointed in the year 1982 as Junior Hindi Translators in Department of Tele Communication, Government of India, which subsequently gave origin to BSNL on 1.10.2000 in a Government of India undertaking.
(2.) ON 10.7.1995 the petitioners were promoted on local officiating basis as AD (OL) in the office of the General Manager Tele Com. respondent No. 6 and since then they are working as Addl. Directors (OL). Their case is that the promotion Rules at the first time, regarding them were framed by respondent No. 3. These Rules thereinafter referred to Old Rules) are Annexure - 2 on the record. Sub (iv) of Rule 10 of the Rules provided interalia, that these Rules shall remain in force for three years, and promotions will accordingly be governed their under. It will appear, column 12 of these Rules, provided the promotion on fifty percent of the vacant posts of AD(OL) by seniority -cum -fitness from Senior Hindi Translators with three years regular service in the Grade and Junior Hindi Translators with eight years of regular service in the Grade, and fifty percent by direct recruitment (through examination).
(3.) RESPONDENT No. 3, C.M.D. Chairman B.S.N.L. subsequently on 1.10.2005 framed another Rules for promotion, which are Annexure -3 on the record ( hereinafter called the New Rules) and which prescribe an examination for promotion for the post of 'Rajbhasa Adhikari', a new name given, to the post of A.D. ( OL), for the said employees.;