LALLAN PRASAD RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicants are employees of the Department of Telecommunication (DoT) working on different posts, such as, Workman, Lab. Attendant, Wash Boy, Tea Maker, Safai Karamchari, etc. THEy are seeking direction from the Tribunal to the DoT to forward their option forms to the Bharat Sanchar Nigam Limited (BSNL) for absorption therein.

(2.) The brief facts of the case are that the applicants joined the service in the DoT between 1977 and 1998 on different posts mentioned above. The BSNL was carved out of the DoT w.e.f. 01.10.2000. Thereafter the DoT issued an Office Memorandum (OM) No. A-11013/13/2001-Admn.II dated 17.08.2001 advising various staff members of the DoT to exercise their option for absorption in the BSNL or otherwise in the proforma enclosed with the OM. A copy of this OM along with the Provisional Terms and Conditions and an option form was sent to all the applicants.

(3.) DOT returned the option forms to the TEC stating that the applicants were specifically appointed for TEC and, hence, their options were not required to be called for. Thereupon the Senior Deputy Director General of TEC wrote to the Additional Secretary, DOT in letter dated 8.4.2005 stating that the applicants had been recruited by DOT (TEC) and were covered under the Recruitment Rules of DOT for Group 'D' cadre. It further stated that their recruitment by TEC was in terms of the delegated powers, as a Field Unit, for such recruitment and, therefore, they should not be barred from exercising option to be absorbed in BSNL (Annexure A-4). This OA has been filed since no action has been taken by the DOT on the said letter dated 8.4.2005.