Bharat Sanchar Nigam Limited

(A
BSNL
Comcin lndia
Government of India Enterprise)
5TH Floor,
Corporate Office Bharat Sanchar Bhawan,
Establishment-lI| Section Janpath, New Delhi-110001
BSNLC0-A/13(11l )/12/2024-ESTAB Website: www.bsnl.cO.in
Dated:|
Ih
Oct. 2024
To
All CGMs,
Bharat Sanchar Nigam Limited,

Subject: Judgment dated 10.09.2024 passed by hon'ble High

7125/2024 filed BSNL against order dated 01.02.2024court, Patna in CWJS No.
passed by ld.
Bench in the CAT, Patna
OA.No.792/2018.
Sir,

The undersigned is directed to refer to the judgment

hon'ble High Court Patna in CWJS No. 7125/2024 filed by dated 10.09.2024 delivered
in the matter related to the claim of presidential order for BSNL against the NFTE & Ors
the employees who had been granted TSM status prior absorption in BSNL from some of
to
been appointed by BSNL directly to the grade of Telephone30.09.2000 and had subsequently
i.e without being regularized as Regular Mazdoor (RM). Mechanic (TM) a groupC post

As per DoT order no.

272/2006-SNG dated 20.10.2006, only such Casual Labours
whowere granted TSM status prior to 30.09.2000 and have
subsequently been regularized (as
RM) as per DoT order no. 269-94/98-SIN-II dated 29.09.2000 are eligible for grant of
Presidential Order of absorption in BSNL.

The hon'ble High Court Patna, in its order dated 10.09.2024 (copy
enclosed) has
upheld this position. The efforts of the legal team of Bihar Circle is commendable in this
regard.

The Copy ofjudgment is being circulated to all Circles for information and setting
upproper defense in any such litigation or claim.

(keshav Kumar)
Assistant General Manager (Est.-1)
 IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7125 of 2024
======================================================
1. The Chairman cum Managing Director Bharat Sanchar Nigam Limited,
Corporate Office, Bharat Sanchar Bhawan, Janpath, New Delhi-110001
2. The Director (HR), Bharat Sanchar Nigam Limited, Corporate Office,
Bharat Sanchar Bhawan, H.C. Mathur Lane, Janpath, New Delhi-110001.
3. The Dy. General Manager (Estt-I), Corporate Office, Labour Establishment
Section, 5th Floor, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane,
New Delhi-110001.
4. The Chief General Manager, BSNL, Bihar Telecom Circle, Patna-800001.
5. The Dy. General Manager (Admn.), BSNL,O/o the Chief General Manager,
Bihar Telecom Circle, Patna- 800001.
6. The Asstt. General Manager (Admn.), BSNL,O/o the Chief General
Manager, Bihar Telecom Circle, Patna- 800001.

... ... Petitioner/s

Versus
1. The National Federation of Telecom Employees (BSNL), Bihar Circle, Patna
through its Circle Secretary, Shrawan Kumar Dubey.
2. Shri Shashi Bhusan Pandey, Son of Late Satya Narayan Pandey, Resident of
Village- Saripatti, P.O.- Bhagwanpur hat, District- Siwa, Present Add- O/o
the SDE (Group), BSNL Sitamarhi, under Muzaffarpur SSA.
3. Shri Kanhaiya Kumar Singh Son of Sri Janakdeo Singh, Resident of Village-
Rajpur, P.S.- Raghunathpur, District- Siwan, Present Add- O/o the TDM,
BSNL, Motihari.
4. Shri Bhuwaneshwar Tiwari Son of - Late Ragho Jee Tiwari, Resident of
Village- Sonbarsa, P.O.- Manjhi, District- Saran, Present Add- O/o the
SDEP, East BSNL, Rajendra Nagar, Patna.
5. Shri Raju Ranjan Kumar Son of- Sri Gopal Jee Gupta, Resident of AT-
Ramgaria, P.O.-Ara, District- Ara (Bhojpur), Official Add- O/o the TDM,
BSNL Ara.
6. Shri Ramesh Prasad Son of- Lali Murli Manohar Lal, Resident of- New
Colony, near Amirchandra Coloni, Pakri, Ara, Official Add- O/o the TDM,
BSNL, Ara.
7. Sri Ganesh Singh Son of Late Ram Pyar Singh, Resident of - At
Mohamadpur,P.O.- Karisath, P.S.- Udwant Nagar, District- Bhojpur, Official
Add-O/o the SDO, Old Xage, Ara.
8. Sri Jai Kishore Singh Son of- Sri Ram Pravesh Singh Resident of Village-
Bhelai Milki, P.O.- Bhelai, P.S.- Udwant Nagar, District- Ara, Official Add-
O/o The TDM, BSNL, Ara.
9. Shri Devendra Prasad Singh Son of- Ram Nandan Singh Resident of
Village- Doman Bigha, P.O.- Uwer, P.S.- Ghosi, District- Jahanabad, Official
Add- O/o the TDM, BSNL, Ara
10. Shri Sheojee Singh Son of- Late Krishna Singh, Resident of Village-
 Patna High Court CWJC No.7125 of 2024 dt.10-09-2024
2/6

Dariapur, P.O.- Anaith, Ara, Official Add- O/o the SDO (P), BSNL, Ara.
11. Shri Anil Kumar Singh Son of- Lali Dineshwar Singh, Resident of Village-
Baranli, P.O.- Alipur, P.S.- Moh. Ara, Present Add- Anand Nagar, Pipraiya
Road, Ara.
12. Shri Daya Shankar Rai Son of Late Ram Kawal Rai, Resident of Village-
Harnoha, P.O.- Purana Bhojpur, P.S.- Dumraon, District- Buxar, Posted at-
Dumraon X age, BSNL, Ara.
13. Shri Shobh Nath Manjhi Son of- Sri Kapil Manjhi, Resident of Village-
Mahmad Patti, P.O.- Tujarpur, P.S.- Khaira, District- Saran, Posted at GMTD
Chapra.
14. Shri Brijlal Ram Son of- Sri Bishnu Ram, Resident of Village- Aainthi, P.O.-
Musehari Bazar, District- Gopalganj, present Add- O/o The SDE, BSNl,
Sheohar.
15. Shri Amarjeet Singh Son of- Sri Bharat Singh, Resident of Village- Bajitpur,
P.O.- Sonho Bhata, District- Saran, Present Add- O/o the SDE, BSNL,
Sitamarhi.
16. Shri Ramsidh Dixit Son Of- Late Rajdhari Dixit, Resident of Village- Pipra,
Via- Bhatni, District- Deoria, Present Add- O/o the SDE, BSNL, Siwan.
17. Shri Ajay Kumar Son of- Sri Bihari Bhakta Resident of Village- Rajpur,
P.S.- Raghunathpur, District- Siwan, Present Add- O/o the SDE, BSNL,
Dhaka, Motihari.
18. Shri Sanjeew Kumar Singh Son of- Late Ramprit Singh Resident of Village-
Molamapur, P.O.- Sobhepur, Via- Garkha, District- Saran, Chapra, Present
Add- O/o the SDE, Motipur, BSNL, Muzaffarpur.
19. Shri Sheoji Mishra Son of- Late Ramakant Mishra, Resident of- Belouri,
P.S.- Guthni, District- Siwan, Present Add- O/o the SDE, FTTH, BSNL,
Budhamarg, Patna.
20. Shri Saroj Kumar Mishra Son of- Late Keshaw Mishra Resident of Village-
Bajudin, Mahuawan, District- Gopalganj, Present Add- O/o the SDE FTTH,
BSNL, Budh Marg, Patna.
21. Shri Jitendra Kumar Singh Son of- Late Kedar Prashad Singh Resident of
Village- Kevatsa Baruari, P.S.- Gaighat, Benibad, Muzffarpur, Present
address- O/o- The SDE (East), BSNL,Budh Marg, Patna.
22. Shri Kameshwar Kumar Singh Son of- Late Navendra Prasad Singh,
Resident of Village- Nakta, P.S.- Motipur, District- Muzaffarpur, Present
Add- O/o the GMTD, BSNL, Muzaffarpur.
23. Shri Sheshnath Singh Son of- Sri Devi Saran Singh Resident of Village-
Mahuvani, P.O.- Saidpur Jhava, District- Saran, Present Add- O/o the SDE
(Tran), BSNL, Chapra.
24. Shri Yogendra Prasad Gupta Son of- Rajeshwar Prasad Gupta Mohalla-
Mishan Compound (East), Dahiyawan, District- Chapra, O/o GMTD,
Chapra.
25. The Union of India, Through the Secreatry, Department of
Telecommunication, Sanchar Bhawan, New Delhi- 110001.
26. The Member Finance, Department of Communication, Sanchar Bawan, New
 Patna High Court CWJC No.7125 of 2024 dt.10-09-2024
3/6

Delhi- 110001.
27. The Dy. Director General (SEA), Department of Telecommunication,
Sanchar Bawan, New Delhi- 110001.
28. The Director (SEA), Department of Telecommunication, Sanchar Bawan,
New Delhi- 110001.
29. The Controller of Communication Accounts, CCA Building, Bihar Circle,
Patna- 800001.

... ... Respondent/s

======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Dubey, Advocate
For the Respondent/s : Mr. Hemant Kumar Karn, Advocate
Mr. J.K. Karn, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 10-09-2024

Short question for consideration in the present petition is

whether respondents are entitled to have the benefit of official

memorandum dated 20.10.2006 insofar as extending 50% of the

services rendered in the then Department of Telecommunication,

Government of India could be counted for the purpose of

extending pension in Bharat Sanchar Nigam Limited (for short

'BSNL') or not?

2. In terms of Letter No. 269-94/98 STN/II dated

29.09.2000, persons who were working on ad hoc basis in the

Telecommunication Department were to be absorbed in the BSNL

w.e.f. 01.10.2000 as per their status as those temporary status

Mazdoors who were having temporary status prior to 30.09.2000

 Patna High Court CWJC No.7125 of 2024 dt.10-09-2024
4/6

and such of those employees were permitted to have the benefit of

50% service to be counted for the purpose of pensionary benefits.

Admittedly, respondents' services have been regularized only in

the year 2011 in BSNL. In other words, their services have not

been absorbed in the light of Letter dated 29.09.2000 (cited supra)

read with the official memorandum dated 20.10.2006 vide

Annexure-R/3 to the written statement filed on behalf of the

respondent nos. 6 to 11 in O.A. No. 792 of 2018. It is necessary to

reproduce the Official Memorandum dated 20.10.2006 and it reads

as under:-

"Government of India
Ministry of Communication & Information Technology
Department of Telecommunications
20, Ashoka Road, Sanchar Bhawan, New Delhi-110001

No. 27-2/2006-SNG Dated 20.10.2006

OFFICE MEMORANDUM

Subject: Counting of past services of the Temporary

Status Mazdoors upon their absorption in
BSNL-reg

In supersession to previous orders for

absorption in respect of Temporary Status
Mazdoors (TSMs), it has been decided that those
Temporary Status Mazdoors who have been
regularized in pursuance of the office letter no.
269-94/98-STN-II dated 29.09.2000 were to be
absorbed in BSNL w.e.f. 1.10.2000 as per their
status as existing on 30.09.2000. Accordingly,
Presidential Orders may be issued in respect of
those Temporary Status Mazdoors who were
having TSM status prior to 30.09.2000 so as to
 Patna High Court CWJC No.7125 of 2024 dt.10-09-2024
5/6

allow them benefit of counting of 50% of the TSM

period for pensionary benefits. Related service
matters of these TSMs absorbed in BSNL w.e.f.
1.10.2000 may be resolved accordingly. It is
further clarified that in respect of those Casual
Labourers who were not having TSM staus as on
30.09.2000 and who have been regularized in
BSNL after 1.10.2000, their status will be of a
PSU appointee and therefore no Presidential
Order need be issued in such cases.

Prior to issue of Presidential

Orders, the cases of eligible TSMs may be
examined and forwarded through BSNL, HQ for
approval for issue of Presidential Orders. The
individual Presidential Orders will be issued at
circle level under the signature of the Director
(Estt.) designated for the issue of P.O.

(Amarjit Singh)
Under Secretary to the Govt. of India
Tel: 23036226
To

Chairman & Managing Director

Bharat Sanchar Nigam Limited
Statesman House
New Delhi

Copy for information to Heads of all circles, BSNL"

3. The Central Administrative Tribunal, Patna Bench,

Patna (for short 'CAT') has not taken note of the aforementioned

official memorandum and interpreted as the respondents are

entitled to have the benefit of 50% of the services rendered in the

Department of Telecommunication could be counted for the

purpose of pension in the BSNL or not? As long as respondents

were not regularized in the light of Letter dated 20.10.2006 and

 Patna High Court CWJC No.7125 of 2024 dt.10-09-2024
6/6

services were absorbed w.e.f. 01.10.2000 in BSNL, the

respondents are not entitled. The same was not appreciated by the

CAT. Accordingly, the CAT has committed error in allowing

Original Application of the respondent vide O.A. No. 050/00792 of

2018 decided on 01.02.2024 and it is set aside. Accordingly, the

aforementioned O.A., stands dismissed and the present writ

petition stands allowed.

(P. B. Bajanthri, J)

(Alok Kumar Pandey, J)

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