Decided on December 24,2003



A.K.Mitra, J. - (1.)This writ petition has been moved by 43 petitioners claiming to be working as Telecom Technical Assistant hereinafter termed as T.T.A.) under Calcutta Telecom Circle. Since Department of Telecommunication has been taken over by Bharat Sanchar Nigam Ltd. (hereinafter termed as BSNL). The petitioners can be said to be working under BSNL.
(2.)The prayers of the petitioners in this writ petition are as follows:
(a) A writ of or in the nature of Mandamus commanding their men, agents, or subordinates to take necessary steps for sending the petitioners for JTO training for promotion to the said Cadre (Junior Telecom Officer) by following list published on 24.4.1998 on the basis of screening test held on 29.1.1995 under the then Recruitment Rules Policy on priority basis before sending any other persons from departmental quota declared to be found qualified subsequently.

(b) A writ of/or in the nature of Mandamus commanding the respondents to refrain from sending the candidates against 15% departmental quota on the basis of competitive test held in 1999 and in 2000 by relaxing the qualifying standards, for JTO training superseding the petitioners who have qualified themselves much earlier, thereby affecting their seniority in the cadre.

(c) A writ of/or in the nature of Mandamus, commanding the respondents not to give effect of further effect to Memo No. 12-15/2002/DE dated 10.3.2003 issued by BSNL Department Examination Branch, through its joint Deputy Director General.

(d) A writ of or in the nature of Mandamus commanding the respondent Nos. 1 and 2 to take immediate steps to send the petitioners and others for JTO training for promotion within a specific time frame preferably within three months who have been declared qualified in 1996 for such training and promotion and the list published on 29.4.1998 as there are sufficient vacancies upon declaration that policy of the respondent Nos. 1 and 2 to give from the said list by yearly instalments is irrational against public policy and in violation of the right of the petitioners.

(e) A writ of or in the nature of Certiorari commanding the respondents to certify and transmit all relevant records before this Hon'ble Court so that conscionable justice may be rendered to the parties.

(3.)According to the petitioners, Rules for Recruitment to the cadre of Junior Telecom Officer (hereinafter termed as J.T.O.) was framed by the issuance of Notification published in the Gazette. This can be said to be Recruitment Rules. The petitioners claimed that by the said Rules the J.T.O.s were to be recruited in respect of the existing vacancies of 65% against outsider quotas of vacancies and 35% against the departmental quotas of vacancies, provided the selected candidates undergo prescribed training as per training plan laid down and amended by the department from time to time.

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