^&^^xsaa^ •^ "^ \ D.B. INTHEHrGHCOURTOFCHATTTSGARIIATBHASPUR fCG.) WPNo. ^3 60/2004 PETmONERS RESPONDENTS ^ v^'/ .M/ ^y ^' .//Y ^y ^••:-"-^ ^"<?.: •.. '<v ^^y.^ :1. Union oflndia, Through its Secretary, Ministry ofHome Affairs, Department of Personnel and Administrative Reforms, (Surplus Cell), Rehabilitation, Division, New Detei. 2. The Secretary, Ministry of Communication, Department of Telecommunication, Sanchar Bhawan, New Delbi. 3. The Chief General Manager (Telecom), M.P. Telecom Circfe, Bhopaf (M.P.). 4. The General Manager(Telecom), C.T.O. Buifding Bhopal (M.P.). 5. The General Manager (Telecom), Raipur area, Rafpun 6. Telecom District Manager, Bifaspur District, Bilaspur. 7. Telecom District Engineer, Raigarh District, Raigarh. 8. Telecom District Engineer, Ambikapur District, ^ywvwfe! District Sarguja. ;JiA 9. The Chairman and Managing Director, Bharat Sanchar Nigam Limited, 20, Ashoka Road, New Delhi. VERSUS RESPONDENTS APPLICANTS 1. N.C. Roy, S/o Late Panchanan Roy^ aged about 53 years, Sr. T.D.A., TDMBifaspur, R/o Deorikhurd^ Bilaspur. 2. R.K. Talukdar, S/o Late G.K. Talukda, aged about 57years, Sr. T.D.A.,TDM, Bilaspur, R/o Rajkishore Nagar, beside Saraswati Sishu Mandir, Bilaspw (M.P.). ^^^••.:-% tf "v.. -.;••." ' v •-. ~J ../'' 3. N.CDas, S/o Late JVTanaranJan Das, aged about 57 years, Sr. T.D.A., TDM, BUaspur, R/o Masanganj, Sarju Bagicha, BHaspur (M.P.). 4. Shri K.C. Bose, S/o Late Chandra Hash Bose, aged about 60 years, ^yvm^ ~?a885%S-^—^—- :f ^..a^^:.^^— Sr. T.D.A, TDM, Bt'tespur, R/o Telipara, Near Nandu garage^ Biiaspvr(M.P.). ffc 5. T.K. Biswas, aged about 57 years, S/o Late Aswini Kumar Biswas, T.D.A.,TDMRaipur, Qr.no. BNK55/d, Mana Camp,Raipur (M.P.). 6. P.S.Mandal, S/o Late Guruprasad Mandal aged57years, (TJ5.A.) (Retd), TDE, Raigarh, R/o Chhote Attarnitfda, C/o MintuKerana Shop,Raigarh (M.P.). 1i /'^. ^ -1- i-^- 7. J.C. Roy, S/o Late Vpendra Nath Roy, aged abouf 61 years, (T.D.A.) (Retd.), TDM, Bilaspur, R/o Qr. no. B-236, Agayea Nagar, Bilaspur (M.P.). 8. Ramji Lal Shrivastava, S/o Shri Danilal Shrivastava, aged 52 years, Sr. TDA (G)-H, o/o Sr. TDM Engineer, Ambifcaptfi, Distt Sai^uja. 9. Sreemantra Kumar Mandal, S/o Shri Krishna Mandal, ^YVVW^. 1l aged about 50 years, Sr. TDA, o/o GMT, CTO, Bhopal, R/o Plot no. 517, Panchsheet iVagar, Bhopal- 462003. 10. B.C. Biswas^ aged abouC 53 years, S/o Late Shri Banke Bihari Biswas, Sr. 1DA, o/o SSTT, CTO, Bhopal, R/o Plot no. 165, Panch&heel Nagar, BhopaL WRrTH^mONUNra3lARIICLE226(2270FTHECONSmVIK)NWBNEaA. Ij HIGH COURT OF CHHATTISGARri AT BILASPIJR W.P. No. 4263 of 2004 Petrtioners Respondents Respondent Applicant Union of India & Others Versus Bishnu Pada Sanyal W.P.No. 4360 of 2004 Petitioners Respondents Respondents Applicants Union of India & Others Versus N.C. Roy & Others W.P. No. 4455 of 2004 Petitioners Respondents Respondents Applicants Petitioners Respondents Respondents Applicants Union of India & Others Versus Smt. Minu Mallick & Others W.P. No. 4456 of 2004 Union of India & Others Versys S.K. Mukhenee & Others Writ Petition under Artide 226/227 ofthe Constitution of india DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri WS Moorthy, Sr. Advocate with Shri RM SoiapurRar, Advocate for the petitioners. Shri AS Dadariya, Advocate for the respondents. ;>s 4. 5. ORAL ORDER (Passed on 22nd day or Juiy, 2010) Per I.M. Quddusi, J. By this common order, writ petition Nos. 4263/04. 4360/04, 4455/04 and 4456/04 are being disposed of as the common facts and issues are involved in all these writ petitions. These petitions are directed against the impugned order dated 17.03.2004, passed by the Central Administrative Tribunal (for short 'the Tribunal') in OA Nos. 898 of 2000 & 278. 329. and 520 of 2001. The Tribunal has held that the employees of the petitioner's department who do not have any promotional avenues on the next higher scale are given One Time Bound Promotion (for short 'OTBP') and Bienniat Cadre Review (for short 'BCR') on their posts on completion of 16 & 26 years of services respectively. Since the petitioners were not granted next higher scale on completion of 26 years of service to the respondents, and on the basis of circuiar they decided to provide BCR scale from the date of assumption of charge, the respondents approached before the Tribunal and vide impugned order the Tribunal directed that BCR scaie to the respondents be gjven from the due date. Being aggrieved, the petitioners have filed these writ petitions. The whole object of the scheme to provide OTBP and BCR on completion of 16 years and 26 years of service respectively, is that there are no promotional avenues on the higher posts; and therefore, in our opinion, if the benefit of OTBP and BCR schemes are not given from the due date and is given at a later stage, the same would amount to withholding of the benefit provided to them under the rules as rule provjdes the higher scales on compietion of 1 6 and 26 years of service. Because of the reason that there is no promotional avenues on completion of 16 & 26 years, it does not mean that it would be the pleasure of the petitioners that at any time after completion of the specified service they may be considered for the next higher scale or the same can be awarded even after a long time. The purpose of the rule for providing next higher scale where promotions are not avaiiable would be frustrated if the same is withheld for certain time and the same would be amount to denial ofthe entitlement of getting the next higher scale. There is no question of assumption of charge when the respondents are continuing on the same posts and merely getting the next higher scale due to non availability of promotional avenues on completion of 26 years of service. 6. In view of above discussions, we do not find and manifest error in the impugned order passed by the Tribunal and we affirm the same. Accordingly, the writ petitions are dismissed. No order as to costs. 7.. A copy pf this order be placed on record of Writ Petition Nos. 4360/04, 4455/04 and 4456/04. Sd/- I.M. Quddusi Judge Sd/- N. K. Agarwal Judge Sahu