Wednesday, November 7, 2012


11.2012:Status of ITS repatriation Court case: Hon'ble High Court Delhi heard the ITS repatriation case today morning. Addl. Solicitor General submitted reply and presented case on behalf of the Union of India. ASG in his reply  sought 10 years time for relieving 945 non-optee ITS from BSNL and 83 ITS from MTNL i.e. 10% every year in progressive manner. Hon'ble Bench told that the 10 years time demanded  is "absurd" and asked that why these ITS are not opting BSNL / MTNL. BSNL's advocate mentioned that these ITS want to continue as Govt. Officer and only 62 ITS have been absorbed in BSNL. On query by Hon'ble Judge regarding number of ITS to be repatriated from BSNL and MTNL. It was informed that 945 ITS from BSNL and 83 from MTNL are to be repatriated. Hon'ble Judge immediately mentioned that 83 ITS in MTNL is meager number and they can be relieved immediately.
The Advocate from MTNL absorbed Group-'A' officers side pleaded that these non-optee ITS are given promotions against their posts illegally and depriving their promotions. Hon'ble court mentioned that their interest is being look after.
Repatriated ITS advocate requested for repatriation of all non-optee ITS and further putting them on deputation to BSNL / MTNL. Against this our advocate pleaded that this will be against the DOP&T orders. Hon'ble court mentioned that there is no difference between deemed deputation or deputation. Hence rejected the submission.
Against 10 years demand of DoT to allow deputation, our advocate strongly objected and mentioned that earlier BSNL / MTNL sought 2 years (25 months) time to relieve non-optee ITS and it was rejected by Hon'ble Court and now again asking 10 years time for relieving is not at all justified, Hon'ble court mentioned that even now it will not be given.
ASG informed about the Cabinet Note sent to Nodal Ministries and being discussed by the Committee of Secretaries and after the clearance, it will be sent to cabinet for approval.
Hon'ble Court mentioned that sending Cabinet Note will not affect the Court proceedings. However, court agreed  to mention the development in the judgement.
Hon'ble Court finally directed Govt. to repatriate non-optee ITS from BSNL/MTNL upto 15th Dec'2012. In case, they are not relieved, Govt. should submit a concrete proposal/plan upto 15.12.2012 explaining that in what reasonable time they can be relieved. The case is re-notified on 18th Dec'2012. Our impleadment application is also allowed to be re-notified on 18.12.2012.

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