Lok Sabha Question No. 3457 (UNSTARRED), answered on 2017-08-08
Subject: Recommendation of NCSC
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: PREM SINGH CHANDUMAJRA

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT LOK SABHA

## UNSTARRED QUESTION NO. 3457 TO BE ANSWERED ON 08.08.2017

## RECOMMENDATION OF NCSC

## 3457. PROF. PREM SINGH CHANDUMAJRA:

## Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

- (a) whether the National Commission for Scheduled Castes (NCSC) has recommended to the Department of Telecommunications (DoT) and Mahanagar Telephone Nigam Limited (MTNL) to revise the seniority of Scheduled Caste Officers aS per Department of Personnel and Training (DoPT) guidelines issued pursuant to 8Sth Constitution Amendment Act; 2001 and sought action taken report in this matter;
- (b) if so, the details thereof;
- (c) whether DoTMMTNL have submitted action taken report to NCSC;
- (d) if so, whether NCSC is   satisfied with the   report and  revised  seniority of the affected Scheduled Caste Officers; and
- (e) if not, the steps taken by the Government to safeguard the interests of Scheduled Caste Officials?

## ANSWER

## MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI VIJAY SAMPLA)

- (a) Yes; sir.
- (b): The National Commission for Scheduled Castes (NCSC) had received representations from some Scheduled Caste officers working in the Mahanagar Telephone Nigam Limited (MTNL) under the Department of Telecommunication (DoT) regarding wrong fixation of seniority and non implementation of 5th Constitution Amendment Act, 2001\_ The Commission heard both MTNL and the Department of Telecommunication in the matter: NCSC in its final hearing dated 12.10.2015 issued certain recommendations (copy placed at Annexure-I).
- (c) : Yes, sir (Copy placed at Annexure-II)
- (d): The NCSC has acted aS per its mandate under Article 338 of the Constitution of India and issued its recommendations to MTNL/DOT.
- (e): Does not arise.

## NATIONAL COMMISSION FOR SCHEDULED CASTES

Proceedings of the hearing held on 12-10-2015 in the Commission to discuss the   representation of Lal &  others, SDE, MTNL New Delhi regarding fixation of seniority and denial of promotion in TES Group as per the 85th Amendment Act of the Constitution.

The matter is taken for hearing on 12-10-2015. Shri N.K. Yadav, Member (S), DOT, Shri Rajbir Singh, DDG (Estt:), and other Senior Officers from DoT are present: The officers from the MTNL was also present: The petitioners Shri Ram Singh & Shri Ganga Sharan are also present

The petitioner Shri Ram Singh has intimated to the Commission that he was recruited to the post of JTO in the year 1980 and promoted to the of SDE in 1993 His   seniority is 13344.394 in the  seniority list of the SDE whereas Shri Inderjit Tiwari (General category) whose as JTO is 1976 and promoted to the post of SDE on 11-10-1998, his seniority has been fixed at serial no. 12915,000 above to him. The officers from the DoT stated that the Hon ble Supreme Court has given a judgement in the case of Shri PN. Lal & others on 2604-2000 in CA No. 4339/ 1995 down seniority on the basis of recruitment year and 85th Constitutional Amendment Act; 2001 which provides "restoration of seniority of SC /ST Government servants on promotion by virtue of rules of reservation vide DoPT dated 21.1.2002 The extract of DoPT order dated 21.2.2002 provides that" The Government have now decided to negate the effects of the DoPT OM dated 30.1.1997 by amending Article 16(4A) of the Constitution right from the date of its inclusion in the Constitution i.e 17.6.1995 with a view to allow the Government servants belonging to SCs/ STs to retain the seniority in the case of promotion by virtue of rule of reservation. In other words, the candidate belonging to General/ OBC category promoted later will be placed junior to the SC / ST Government servants promoted earlier even though by virtue of the rule of reservation The SC/ ST Government services shall, on their promotion by virtue of reservation / roster be entitled to consequential seniority and further promotions. post lays

Hence in view of the above the department of telecommunication is advised to re-examine the matter in the light of the petitioner's contention and the DoPT OM No. 20011/1/2001-Estt: (D) dated 21-1-2002. The said DoPT guidelines will also be applicable to all other SC officers  working in MTNL whose seniority was affected\_ Submit an Action Taken Report to the Commission within a period 0 30 days positively.

The petitioners stated that the report of the Department of Telecommunication dated 20-6-2014 to the Commission that the seniority list is as per 85th Amendment Act and in compliance with Hon'ble Supreme Court judgement is not correct as Hon'ble Supreme Court in its judgement dated 26-4-2000 stated that "all the eligible candidates who had   passed the departmental examination and who had been recruited in 1950, are to be listed   separately from those officers who also have qualified departmental examination and were recruited in the year 1951 and so on and SO forth: Once, separate lists are the Departmental Promotion Committee of the officers recruited in different recruitment years in the feeder category and the criteria for  promotion  being seniority-cum-fitness, and then it would create no problem in promoting the officers concerned:

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(VICE CHAIRMAN) 12-10-2015

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## MAHANAGAR TELEPHONE MIGAM LIMITED

(A GOVERNMENT OF INDIA ENTERPRISE)

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MTNL/CO/Pers-Il/ Court Cases/2013/66 4th March, 2017

Skri Achchhey Lal DE (Retd:)

F-81, Sector 20, Noica

District: Gautam Budh Nagar (UPI

Sub: Representation from Sh: Achchhey Lal, Sr.SDE (GO-32856) MTNL, Laxmi Nagar   Telephone Exchange, Delhi regarding fixation of seniority and implementation of Constitutional Amendment (85th) Act, 2001.

Please reler your representation on the above cited subject. The case was sent to DoT regarding amendment in the seniority.

In this  regard, the reply has been received   from DoT vide 2/2006-STG.II dated 16.02.2017 (copy enclosed).

Here it is also intimated that MTNL has complied with the directions of DoT assigning YOu revised seniority No.17198.056 in the Seniority List issued MTNL vide letter dlated 05.02.2009 (copy enclosed)\_ by

Tns issues with the approval 0f the Competent Authority.

A.K Gupta Sr. Manager (Pers-II)

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- Shri Bansal Research Officer, National Commission for

to: Cepy

- 2 Shri Ajay Kumar V R Under Secretary to Govt. of India, DoT
- 3 Sr . Manager & Coord.) in reference to VIP reference case of Sh. Ajay Tamte vide Registration No.DTDDG/P/2016/00156 dated 25.11.2016 for further necessary action. (IR

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am directed to refer t0 letter under reference on the above mentioned subject and to state that Shri Achchhey Lal has already been absorbed in MTNL on yermanent basis and he is no longer Govt. employee. The Personnel & Establishment matters such as promotion; seniority ete- of Shri Achchhey Lal are under the purview of MTNL only and DoT has no role to play in such matters.

- 2 Were dealt with by DoT absorption of TES Group B officers in MTNLIBSNL, have already been transferred to MTNL'BSNL for taking appropriate action at their end since there is no employee-employer relationship between the absorbed TES B' officers of MTNLIBSNL and Do, being prior Group
- 3\_ MTNL has also circulated the seniority list of their absorbed TES Group B` officers as inimated by MTNL by their leller dated 05.03.2009.
- 4 IC. Siri Achehhey Lal is having any grievanee regarding assignment 0f his seniority
- 5 Shri Achchhey Lal has been knocking the doors o/ Commission at a intervals for such a relief which has already been granted to him by accelerating his seniority in the B' Cadre from 17398 t0 17498.056 as per Constitution Amendment Act-2001. regular (85th) grade

0

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stry of' Communications (STG.II Section) avan; 20-Ashoka Road. New Delhi 10 001.

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Dated:

Managing Direetor Jor Mahanagar Doorsanehar Sadan plex: Lodhi Road

Shri   Achchhey Lal Others Sr. SDE MTNL: New Delhi Amendmnent Act of the Constitution. 85th

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was inadvertently assigned t0 him and later the same was withdrawn correctly, hence, the offieer cannot claim for such seniority inadvertently granted and for which he is actually nor entitled. 'The seniority claimed by Shri Achehhey Lal has not been accepted/considered by

- 6\_ It is therefore, requested that the aetion may be taken by MTNL at their end and a

Yours Faithfully

[Ajay Kumar V R] Under Seeretary to the Govt. of India Tele No. 23036282/Fax No.23716099

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(A GOVERNMENT OF INDIA ENTERPRISE) CORPORATE OFFICE

To Executive Director MTNL Delhi/Mumbai.

Sub: Seniority List of TES Group B' Officers [SDE (Telecom)] of MTNL- Circulation reg:

Please find enclosed herewith a copy of Final Seniority List of TES Group B' [SDE (Telecom)] Officers of MTNL, as on 29/01/2009, for information and wide circulation among concerned Officers. The seniority list can also be viewed on the web at

This issues with the approval of the Competent Authority.

Enci: As above

## Copy to:

- 1 CMD
- 2 Director (Technical)/ Director (Finance)/ Director (HR)
- 4 DGM (IR), MTNL Delhi/Mumbai' for wide circulation among concerned Associations\_
- GM (Admn), MTNL Delhi/Mumbai
5. Manager (IR), Corp. Office for wide circulation among concerned Associations\_
- Office copy.

R K Tanwar Divl. Engr. (Pers-IT)

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MTNL/CO/Peers-II/SDE Seniority/2009/76/ February 5, 2009

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## 4T LIST OF SDEs [TES GROUP B' OFFICERS ] IN MTNL :s on 29/01/2009

|                                                 | MTNL Staff Nc_   |                                      | DOB NAME OF OFFICER [SiSh ISmt] (DDIMMYYY   | 2 2 8   | R           | Unit             | Remarks [Retdl Working]   |
|-------------------------------------------------|------------------|--------------------------------------|---------------------------------------------|---------|-------------|------------------|---------------------------|
| 32394                                           | 16982.000        | RAVIKARAN SINCH                      | 08/05/1957 OC                               | 5 88    | 81          | 1994/DLI         |                           |
| 32402                                           | 16991.000 76174  | SRINIVASAN S                         | 16/0-4/1958 OC                              | 5       | 81          | MBI              |                           |
| 3                                               |                  | DAYA NAND GUPTA                      | 29/11/1958                                  | 5 1     | 88 88 81    | 1994/DLI         |                           |
| 32406 16995.000 33509                           |                  | L.PS CHAUHAN                         | OC 01/07/1960 OC                            | 5       | 88          | 1994/DL1         |                           |
| 16998.000 5 32540 17165.000                     |                  | PK DEVGUN                            | 25/11/1952 OC                               | 5       | 88          | 1994DLI          |                           |
| 6 32542 17167.000                               |                  | RK TYACI                             | 31/07/1958 OC                               | 5 4     | 88          | 1994DLI          |                           |
| 7 32545 17170.000                               |                  | ASHOK KUMAR KOHLI                    | 01/07/1954 OC                               | 5       | 88 81       | 1994DLI          |                           |
| 8 32567 17196.100                               |                  | VED PRAKASH                          | 13/07/1954 OC                               | 5       | 88 81       | 1994DLI          |                           |
| 9 18977                                         | 17198.002        | SHISH PAL SINGH                      | 03/01/1958 SC                               | 5       | 88 8        | 1994/DLI         |                           |
| '0 19000 17198.024                              | 75152            | HARALE AM                            | 12/04/1953 Sc                               | 5       | 88 8        | MBI              | RetdNR                    |
| 61 19006                                        |                  | SURJAN SINCH                         | 12/12/1959 SC                               | 5       | 88 81       | 1994DLI          |                           |
| 17198.033 19007 17198.038                       |                  | RAM PRATAAP                          | 10/06/1960 SC                               | 5       | 88 8        | 1994DLI          |                           |
| 53 19008                                        | 17198.039        | PITAM SINGH                          | 02/05/1955 SC                               | 5       | 88 8        | 1994DLI          |                           |
| 32838                                           |                  | SATYA NARAIN                         | 01/01/1961 SC                               | 5       | 89 81       | 1994 DLI         |                           |
| 17198.048                                       |                  |                                      |                                             | 5       | 89 81       | 1994DLI          |                           |
| 35 32840 17198.048                              |                  | HUKAM SINGH                          | 15/07/1952 SC                               |         |             |                  |                           |
| 36 32847                                        |                  | HARI CHARAN                          | 01/01/1956 SC                               | 5       | 89 81       | 1994/DLI         |                           |
| 17198.049                                       |                  |                                      |                                             | 5       | 89          |                  |                           |
| 32849                                           |                  |                                      |                                             |         |             |                  |                           |
| 39 32851 17198.50.2                             |                  | DAYA RAM                             | 10/04/1953 SC                               | 5       | 89 8        |                  |                           |
| 32856                                           | 17198.056        | ACHCHHEY LAL                         | 30/07/1954 SC                               | 5       | 89          | 1994/DLI         |                           |
| 41 32853                                        | 17198.060        | RAM RATAN SHANKHWAR                  | 28/02/1958 SC                               | 5       | 89 81       | 1994IDLI         |                           |
| 42 33168 17198.060                              |                  | SATYA PRAKASH                        | 12/02/1962 SC                               | 5       | 89 81 89 81 |                  |                           |
| 43 32878 17198.061                              |                  | RAGHUVIR                             | 20/06/1960 SC                               | 5       | 89 81       | 1994IDLI         |                           |
| 44 32877 17198.071                              | 17198.072        | KRISHIAN KUMAR                       | 11/01/1958 SC                               | 5       | 89 81       | 1994DLI          |                           |
| 45 32875 46 32874                               | (17198.074       | O.P CHANCHIAL                        | 10/09/1959 SC                               | 5       | 89 8        | 1994DLI          |                           |
| 47 32986                                        | 17198.080 75485  | BHIM SINGH                           | 05/08/1955 SC                               | 5       | 90 8        | MBI              |                           |
| 48 32967                                        |                  |                                      | 10/07/1953 SC 03/06/1958 SC                 | 5       | 90 8        | 1994 DLI         |                           |
| 17198.084 49 32969 17198.085                    |                  | SOFiAN LAL                           | 114/08/1960                                 |         | 81          |                  |                           |
| 50 32976 51 17158.092.1                         |                  | PUSH PENDER KUMAR NIMESH KANOJIA $ R | SC SC                                       | 5       | 90 90 8     | MBI              |                           |
| 33165 52 33161                                  |                  | NANAK CHAND                          | 31/12/1953 SC                               |         | 8 81        | 1994DLL          |                           |
| 53                                              |                  |                                      | 20/05/1953 SC                               |         | 91 91       | 1994DLI          |                           |
| 17198.093 32971 17198.097                       |                  | CHANDRA DEV RAM                      |                                             | 5       | 81          |                  |                           |
| 54 33162 17198.098.                             |                  | HAR DAYAL J P BHASKAR                | 15/01/1959 SC 15/07/1952 SC                 | 5       | 90 90 81    | 1994DLI          |                           |
| 55 32978 17198.104 56 33164                     | 75468            | TAJANE K S                           | 06/07/1956 SC                               | 5 5     | 91 81 81    | MBI              |                           |
| 17198.108 57 33166                              |                  | MP SINGH                             | 20/07/1957 SC 15/01/1948                    | 5       | 91 91       | 1994DLI 1994 DLI | Retd                      |
| 17198.111 i58 34947 159 32908                   |                  | PANNA LAL SAGAR DEVKI NANDAN MEHTA   | SC 15/11/1961                               | 5       | 82          |                  |                           |
| 17198.135 860 32910                             |                  | KANCHAN SINGH                        | OC 01/03/1952                               |         | 89 89 82    | 1998/DLI         |                           |
| 17198.153                                       |                  | KUNWARPAL SINCH                      | SC 08/01/1962 SC                            | 5 4     | 82          | 1994/DLI         |                           |
| 17198.156 32917 32983                           |                  | RAMESH CHAND                         | 07/03/1950                                  |         | 89 89 82    | 1994/DLI         |                           |
| 17198.170 363 32989                             |                  | OMBIR SINGH                          | SC 13/02/1962                               |         |             |                  |                           |
| 17198.181.1 33006                               |                  | JAI BHAGWAN                          | SC 31/08/1955                               |         | 90 82       | 1994DL1 1994 DLI |                           |
| 17198.188 17198. 189.1 32994 17198.192          |                  | KANHAIYA LAL                         | SC 15/03/1953                               | P       |             |                  |                           |
| 364 365 366 33000 17198.200                     |                  | GAJRAJ SINCH                         | SC 10/07/1959 SC 20/07/1960                 | 5 5     | 90 82       | 1994DLI 1994 DLI |                           |
| 367 33007; 17198.212 17198.225                  |                  | NARESH KUMAR                         | SC 08/03/1956 SC                            |         | 82 82       |                  |                           |
| 368 33290 17198.226                             | 75606            | MARBILAS                             | 15'06/1954                                  | 11      | 90 90       | MBI              |                           |
| 369 33170 370 33282                             |                  | RAM R D                              | SC                                          | 5 5 5   | 82 82       | 1994DLI          |                           |
| 371 53283                                       |                  | BBRRAFIM SINGH RANKHAMBE M Y         | SC 30/12/1962 SC                            | 11      | 91 91 82    | 1994DLI          |                           |
| 372 33172 373 33171                             | 75614 75615      | AHIRE: N B                           | SC 10/02/1959 SC                            | 5       | 91 91       | MBI              |                           |
| 374 33186                                       |                  | DAMBER SINGH                         | 01/05/1962 SC                               | 11      | 91          |                  |                           |
| 17198.228 17198.232 17198.242 375 33287         |                  | C.P KALYAN                           | 15/07/1957 SC                               | 11      | 82 82 82    | 1994 DLI 1994DLI |                           |
| 376 33523 377 33174                             |                  | RAGHUBAR DAYAL                       | 09/01/1961 SC                               | 5 5     | 91          |                  |                           |
|                                                 | 75613            | PUNDGE V $                           | 02/01/1954 SC                               | 11      | 91          | MBI              |                           |
| 17198.249. 378                                  |                  | DAL CHAND                            | 20/07/1950 SC                               | 5       | 82          | 1994 DLI         |                           |
| 17198.252 17198,268 17198.268.2 33288 17198.301 |                  | JTENDRA PRASAD                       |                                             |         |             | 1994DLI          |                           |
| 19092 17198.316                                 | 75480            | DAHIWADE $ T                         | 18/07/1960 SC 10/02/1952 ST                 | 5 11    | 91          | MBI              |                           |
|                                                 | 76994            |                                      |                                             | 5       | 83          | MBI              |                           |
| 33289                                           |                  | SIRSIKAR VA                          |                                             |         | 91          |                  |                           |
| 379 380                                         |                  | GANGADHAR A                          | 12/08/1956 SC                               |         |             |                  |                           |
|                                                 |                  |                                      |                                             | 5       | 91          |                  |                           |
|                                                 |                  |                                      |                                             |         |             | MBI              |                           |
| 17198.324                                       |                  |                                      |                                             |         |             |                  |                           |
|                                                 |                  |                                      |                                             |         | 83          |                  |                           |
| 75481                                           |                  |                                      |                                             |         |             |                  |                           |
|                                                 |                  |                                      |                                             | 11      |             |                  |                           |
|                                                 | 11 83            |                                      |                                             |         |             |                  |                           |

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