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12-08-2014:

The case of notional fixation and the interse seniority have been heard in Hon Supreme Court before a three member division Bench headed by Hon CJI Court in Hall No.1 of Supreme Court of India. The argument held for almost a day from morning 1030 hours to 1600 hours.

Notioanl case:

It was held by the court that the out come of Santana Kriashnan case cannot be compared to the case of Premkumar because of the fact that both are governed by differant RRs. Santankrishnan by 1981 RRs and Premakumar by 1996 RRs. In 1981 RRs provision existed for yearly examination as well as to accord seniority in the ratio 2:1 between the seniority (qualified) and LDCE quota. Since these two provisions are not there in the 1996 rule, the court denied to extend the notional benefit in BSNL Vs Dubey extended by the Hon Cat Jabalpur and declared that Premkumar judgement is bad in law and hence cannot be extended further to others. The court also observed that as such the case of Premkumar and 123 others has attained finality even by the judgement of apex court the benefit given to them is protected.

Seniority Case:

In seniority case the Hon Apex Court took the view that when two processes of promotion are not held simultaniously and held on differant dates whatever may be the reason; if there is no specific rule to the contrary; the benefit of inter se seniority cannot be extended to the date anterior to the date of actual joining to the post for which one is promoted." Either in 1996 RRs or 2002 RRs, the clause of inter se seniority is not provided. The quota of "75% seniority and 25% LDCE" limits itself only to the extent of getting eligibility to get promoted on seniority quota in 75% or to get selected as SDE under 25% by writing the examination. In the absence of clear provision for the inter se seniority in the RR naturally the date of joining should only be the basis to decide the seniority position between the two groups.

As BSNL had extended 3:1 seniority and also notional fixation in 124 SDEs of Karnataka, it was our right to fight to protect it and exend the notional benefits to others. We have fought for it, fought upto the end even at Hon SC with great constraints; but unfortunately it was not our day. We respect and Honour the outcome.

We thank all those who have supported for the cause in all respects. We also thank those friends of Kerala, Punjab, Hariayana, MP who had several times taken out their time and visited Delhi at the expense of leave and co-operated in our efforts.

25-07-2014:

Case is listed for 12-08-2014 ....

22-07-2014:

The entire day the constitution bench continued and hence our case could not be heard. Nexy date of hearing will be known shortly. Mr Nagavi from Karnataka and Mr Manoj from Kerala have attended the court at Delhi.

22-07-2014:

As such constitution banch is sitting today, hearing of our case today is not likely. May be heard only if the constitution bench concludes early.

11-07-2014:

Both notional and seniority cases are listed for final hearing on 22-7-2014 high on Board. To view Hon Sup Court order click here. For details please contact Mr Nagavi (9448010565)

04-06-2014:.

Latest update on LDCE notional and Seniority Case in Hon Sup Court.

The meeting of the Karnataka LDCEans was held in 23-05-2014 at Bangalore. The meeting was attended by majority of the members at Bangalore and others have accorded their consent on the decision taken on the day of the meeting. As such both notinal and seniority cases are likely to be heard on 22-7-2014 the meeting took desision take all possible appropriate actions including the possibility of engaging additional Sr advocates on that day. Shri Nagavi will be on leave upto 26th Jun 2014. Hence all the members are requested to please contact Shri Anand Ram SDE Circle Office ( 9449006507 ) and pay the additional contribution of Rs.2000-00 each to meet the additional expenditure and also the travel expense of the represetative to attend the court on the hearing days.

23-04-2014:

Update on Case in Hon Sup Court:

The case (seniority/notional) originally posted on 15-4-2014 was changed to 22-4-2014. On 22-4-2014, it was at serial number 18 but only cases upto serial number 9 could be heard and our case did not reach. On the request of the respondent it is again posted on 22-7-2014 to be top on board so that the case could be certainly heard on that day. However full details will be discussed in the meeting scheduled to be held next week. S B Nagavi(KTK), Bobanlan and Manoj Krishnan (Kerala) and Rajesh Banta ( P& H ) attended the hearing at Hon Sup Court with our lawyers on 22nd April 2014.

14-03-2014:

The seniority and notional cases were listed for hearing on 11-03-2014. The constitutional matter also being listed for the same day and the arguments on the same continued till 4 pm on constitutional matter, none of the listed matters of the day were heard except the constitutional matter on 11th. Our advacate and Mr S B Nagavi attended the court. From Kerala Mr Monoj, Narendrakumar and Bobanlal have attended. Mr Rajesh Pruthi also attended from the Punjab and Hariyana side.

In respect of notional case (39932/2012); the petition filed for directions to seperate and delinking has also been numbered and was listed for the same day. For the daily order in this connection click here.

Now the case is again posted to 15th April 2014. It is likely that our cases are going to be definately heard on this day as there are no constitutional matters listed for this day as of now. As our petition for directions to delink has come on record, it is likely that it will be heard on that day prior to taking up the main matter.

Now DOPT has also given a clear clarification on the matter of interse seniority based on the recent Hon SC judgement on 27-11-2012 in Parmar Vs UOI in CA 7514-7415/2005, the basic issue of seniority is also getting more clarity. For DOPT order dtd 4-3-2014 click here. For Parmar case judgemnet click here.

Next week the meeting of the Karnataka LDCEans will be held to discuss all the developments and to take appropriate decisions. Members of 2008 and 2012 LDCEans are also invited to the meeting as the issue of seniority will have the effect on these batches also. The venue and date will be notified shortly.

All over India also the LDCEans have to be in touch with their state co-ordinators and support them such that all out efforts need be made to enure the seniority earned by writing the exam and it should not be lost due to lack our interest in the matter and the pay loss we are suffering is also restored back. Really these days of crucial for us. You have to fight for yourself. We can only oreint and focuss. Choice is yours..

 

8-1-2014:

Notional promotion in case of 2004 LDCE candidates:

Furtherance of Karnataka Comrades (OA 181/2009 K S Premakumar and 123 others) fight in getting notional benefits fought under the leadership of S B Nagavi. Hon Principal CAT New Delhi upheld our cause and further ordered to pay full arrears from 23-1-2002 for similarly placed MTNL comrades. We always fights against injustice/discriminations. For PCAT judgement <<click here..>>

 

30-08-2013:

Update on the hearing of the case at Hon Supreme Court..

The main case (35756/2012) on seniority came up for adjudication. Hon court was of the openion that any interium order will not help as it is complexity of seniority and needs to held in detail and hence posted in the month of March 2014 for detailed hearing. For daily order click here...

Regardiong de-linking ( 39932/2012) of the nottional case the court ordered to file a seperate application with specific prayer. In Karnataka we are shortly holding the meeting of the 2nd batch applicants in first week of September and the date will be intimated by SMS...

16-07-2013:

For the attention of Members filed SLP in Hon Supreme Court:

These members from Karnataka Group in seniority issue have to submit one more Vakalath Form to the following address immediately. For Supreme Court vakalath form click here.. For the address to be sent Click here. This is urgently required due to change in the advocate on record at Supreme Court. Members headquartered at Bangalore are requested to come to circle office and sign the form before 18-7-2013. On 18-7-2013 there will be a meeting at the auditorium of circle office to update on the present position of case and other developments on notional pay case in respect of 2nd batch members.

19-03-2013:

 

All the SLPs related to Seniority ( Bombay, Kerala and Punjab HC) have come before the Hon Supreme Court on 18-3-2013, on Punjab matter the applicants needed time for the service of notices to the concerned. Hence case adjurned to 26-8-2013 and will be heard on that day. In case of SLP on notional ( Jabalpur case); argument was there on delinking it with seniority which is inconclusive and BSNL requested time that it would submit the rejoinder to the counter filed by us. All the cases including notinal will now be heard on 26-8-2012 as opined by the honourable court.

All LDCEans are requested to be united, supportive. Our further course of action will be made known very shortly next week after detailed discussion with the concerned lawyers..

11-03-2013:

Both Seniority Case and Notional Pay Case of LDCEans will be coming before Hon Supreme Court on 18-3-2013. Our Counsel Shri P A Kulkarni will also be representing the notional case of Jabalpur (applicants). Shri Nagavi will also be visitiing Delhi and attend the court on 18th. We extend our thanks to LDCEans of Kerala, AP, Maharastra, Karnataka and MP for their support and advices.

In notional case our friends at Jabalpur have won the case but BSNL has filed SLP in Hon Supreme Court though our caveat was pending before Hon MP High Court.

In seniority case BSNL has filed SLP against Hon Bombay HC judgement. LDCEans of Karnataka and Kerala have filed seperate SPLs against Hon Ernakulam (Kerala) HC judgement. LDCEans of Punjab and Haryana have transferred their pending WP ( against Hon Chandigad order) in HC of P&H to Hon Supreme Court ..

 

15-02-2013:

Seniority case of list No 6 and 7:

The Transfer Petition in r/o WP pending in Hon HC of Punjab is came up for hearing under TP 184/2013 in Hon Sup Court and now tagged with SLP 7499 CC/2012 (SLP Civil 35756). Now all the cases relating to seniority list 6 and 7 will be heard at Hon Supreme court with SLP Civil No. 35756 (Bombay), 35927 (Kerala) 35930 (Karnataka) of 2012.

SLP Civil 39932/2012, on notional pay fixation against Hon Jabalpur CAT is also linked to above cases.

The cases are posted on 18-3-2013 for next hearing.

 

31-01-2013:

The LDCEans held meeting on 30-102013 at 1430 hours at circle office. It was informed in the meeting that the seniority case of list no 6 and 7 postponned to 18-3-2013 without any argument on 28-1-2013. On 28th court ordered BSNL to Rs.10000-00 to one of the respondant applicant, appearing in person as BSNL sought the adjurnment of the case.

It was decided to implead in the SLP relating to the notional fixation case at SLP, in the event of its admission. The applicants of Bhopal have to file the counter; to the notice and our counsel Shri P A Kulkarni will be representing the case in Hon Supreme Court. Members who have not attended may please get further details from the co-ordinators and their friends.

As such all have to focuss on the SLP before the Hon SC and concentrate on this than focussing on the litigation at the lower court because the decision of Hon SC will have its implications on all pending notional cases at various courts.Hence support from all concerned LDCEans is very important which must be clearly understood.

 

26-01-2013:

Attention all LDCEans at Karnataka:

Meeting of all the LDCEans at Karnataka is scheduled to be held on 30-1-2013 at 1330 hours at Auditorium of CGMT Office Bangalore to take further course of action based on the latest developments on;

(1) Notional fixation 2nd Batch.

(2) On the seniority SLP pending before Hon Supreme Court. and

(3) Impact of SLP on notional case of Jabalpur candidates on us.

All are requested to attend. For details please contact Mr K S Premkumar (9448907292)

17-01-2013:

Notional fixation cases:

There is an important change noticed. BSNL has filed SLP against Jabalpur Hon CAT orders in case of TA 14/2010 where Hon Jabalpur CAT has ordered to extend notional benefit as it alreaby given in case of Karnataka LDCEans. SLP Civil 39932/2012 came up for hearing on 14-1-2013 and notice ordered. All the LDCEans who have filed cases in various Tribunals may please take note of this development which has direct bearing on those cases. All are requested to be in touch with their nodal representatives to further implead in the Hon Supreme Court, the important step to be taken at this juncture..

11-01-2013:

It is evident from the order in the OA No.1171/2012 of Hon CAT Chennai that the present SDE to Adhoc DE DPC is suspended as presented by the departmental counsel with reference to SLP CC 7499/2012 filed by BSNL in Hon Supreme. For order copy click here...

 

 

For vakalath form click here.. For the biodata to be sent with Vakalath click here. For other details please contact Mr Nagavi ( 9448010565)..

Attention of Hydrabad notional case 2nd Batch.....

For CAT vakalath form click here.. For the biodata to be sent with Vakalath click here. For other details please contact Mr Nagavi ( 9448010565)..

22-12-2012:

Seniority list no. 6&7:

The SLP on the issue is scheduled to heard by Hon Supreme Court on 28-1-2013 and Mr S B Nagavi (9448010565) will be attending the same on that day. On the DOPT guidlines on which the CAT Chandigad, Bombay and Ernakulam were relied and upheld by Hon HC of Bombay and Ernakulam have been adjudicated in Supreme Court in favour of the Direct Recruits contrary to the stand taken by these lower courts. The copy of the same is uploaded here for the information of the LDCEans. For copy click here.. Further the notional case in Jabalpur is won by the LDCEans. For the copy click here..

All LDCEans are requested to be on red alert and be supportive to the group who are supporting your cause and it is only this positrive approach that can help you and your efforts of passing the examination to safe guard your seniority instead of creating unwarranted comments in the matter. We from Karnataka appeal all LDCEans to respond to email of Mr S B Nagavi ( nagavisb@gmail.com) for their legal support and financial help as the number of hearings increase; we will be in need of further funds. We are waiting for your support. The developments are indicagting that we are moving towards success in our objective.

28-11-2012:

The case of 2nd batch of notional fixation came up for hearing on 27th. The arguments are over. The Sr Counsel Shri Agarawala and Counsel Shri P A Kulkarni represented for BSNL and the applicants respectively. The judgement is reserved.

Our friends of MP have won the notional case at Hon CAT Jabalpur.

19-11-2012:

Thanks for all the support of many 2002 LDCEans...Today our SLPs of Karnataka, Kerala, Haryana/Punjab and also of BSNL against the Ernakulam and Bombay HC judgements came before the Hon Supreme Court today. After hearing the counsels the court stayed the Contempt petition pending before the Hon CAT Ernakulam, admitted SLP except that of Haryana/Punjab and posted for for next hearing after 10 weeks. The court advised Haryana/Punjab to apply for transfer of their WP (writ appeal ) to Hon Supreme Court so that all can be adjudicated here. Mr Nagavi is in Delhi and witnessed the proceedings and will be back in Bangalore on Tuesday. Representatives from Haryana/Punjab and Kerala were also present in the court today. We will be holding the meeting very shortly in Bangalore to elaburate on the case and further course of action.

Notional fixation case:

The case is now posted for 27-11-2012 for disposal as the BSNL lawyer did not attend on 9-11-2012 and lawyer on record sought adjurnment..

06-11-2012:

Seniority list no. 6&7:

We in the group of LDCE 2002 batch, are fully focussing on securing the restoration of the said seniority lists. We are thankful to the team of Chandighad and Kerala and all members of Karnataka who took active role. We are also thankful to all the members of other states like MP, UP East, Orisha for their active role in strengthening the hands of above teams to fight the case more effectively at the Hon Sup Court.

But this support is to be further strengthended because it is a DO or DIE situation. Unless we are able to convince the Judiciary of our just position; our effort will go in vain. It really needs the help of a Senior Counsel with sufficient knowledge in the service matters. Friends we have already established in this web site how our seniority will go down and how it will matter in case of our future promotions. We are running out of time as all the SLPs will be heard on 19th Nov 2012.

So friends who are just watching and not getting involved in these teams are really taking the risk of not helping themselves and also become the cause of not supporting the above teams who are fighting for all the 1509 LDCE candidates of 2002 and are also safeguarding the seniority of 2008 and 2012 LDCEans.

At this crucial juncture, we call upon each and every one to get involved personally and support for your own cause. We want to include you as our team members. For further details please contact Mr S B Nagavi, (09448010565)..

Notional fixation case:

The case of 2nd batch of Karnataka is posted on 9-11-2012 at Hon CAT BG. BSNL has submitted the reply..

03-10-2012:

Notional case at Hon CAT BANGALORE; Came up on 3-10-2012, BSNL sought further time to file the reply statement. The case posted for hearing on 18-10-2012. Our counsel pleaded once againg for hearing as the application is already covered by judgement. However court gave some more time for BSNL to submit the reply..

26-09-2012:

We are sorry to inform that site was not visible for few days due to non renewal. We have renewed it now.

As already planned Mr Nagavi is in Delhi from 24rh Sept 2012 and will be back to Bangalore on 27th Sept 2012. He has held discussions with all the representatives who have attended the meeting. The state nodal persons who have not attended may get full details from him.

09-09-2012:

Notional Case at Karnataka 2nd Batch ;

Notional case at Hon CAT BANGALORE; Came up on 6-9-2012, BSNL yet to reply to the notice; Case posted for hearing on 3-10-2012. Our counsel pleased for hearing as the application is already covered by judgement.

Seniority Issue:

The case being filed by members of Karnataka was delayed for a long time for want of certain documents like typed fresh copy of Sr List 6 & 7, the certified copies of the judgments from various courts and by now all these issues have been addressed and the documents are with our counsel on recort at Delhi. By Monday it is likely to be submitted once again. Members need not worry. We are following the issue on daily basis by our core team.

The nodal persons of other states get ready to meet at Delhi. Team leader from Karnataka will visit Delhi and will be in Delhi from 24th to 26th Sept 2012. Others may plan their visit in conswultation with Mr S B Nagavi (09448010565 )

28-08-2012:

Since we are busy in preparing the documents, soft copy of the list 6 & 7 as published in 2005, procuring the certified copies of the various court orders we were unable to update the website. Detailed information will be updated in 2-3 days on the latest position.

08-08-2012:

To file case to protect our Seniority in list 6 and 7, unite and join; matter most urgent and it is need of the hour. Rise to the occassion and respond.. We are mobilised in KTK, AP, MP, Rajastan, Orisha, Kerala, MH. What about others?..

Co-ordinators for Madhya Pradesh ( MP )

1.Sh G.P.Patel, SDE(NOCC)CM, Bhopal,Mobile no.9425001255, and

2.Sh S.B.Choudhary,SDE(HQ), C.O.,Bhopal,Mobile no.9425602120..

Members of MP may please contact them for details..

Co-ordinators for Rajastan

1. Sh B.R.Vishnoi mob 9413394395

2. Sh R.K.Agrawal mob 9414001462 Members of Rajastan may please contact them for details..

07-08-2012:

The documents in case of Karnataka Team have been sent to Lawyer on recrod at Delhi to file the case at Hon Supreme Court and is likely to be filed in a couple of days.

The case by other states:

The team of Orisha is ready ( Orisha co-ordinator 1. Dilip Kumar Dash (9437103400) 2. Mr H K Dash 9437149400) . The team of AP is ready ( AP Co-ordinator Mr P Sudhakar ( 9490147147) . Other states in progress. The co-ordinators of other states may please contact Mr Nagavi ( 9448010565 ). This is necessary due to shortage of time..

For vakalath form click here.. For the biodata to be sent with Vakalath click here. For other details please contact Mr Nagavi ( 9448010565)..

Get ready for conclusive struggle..

01-08-2012:

The latest and final list of Karnataka team having 117 members view here..

We have got confirmation from AP people to join the team and wating for confirmation from other states.

Mr Nagavi has re-scheduled is tour to Delhi to next week as vital information was needed to be provided to our legal consel at Bangalore this week. For more details the nodal officers may contact Mr Nagavi ( 09448010565 )

We are thankful for the co-operation of our Chandigad and Kerala friends for sending the required records quickly. We are waiting for similar help from our Bombay/MH friends. We are going to file the SLP any time this week from our above freferred Karnataka team..

The notional fixation case of 2nd Batch of Karnataka came up for hearing in Hon CAT Bangalore on 31-7-2012 and posted for 6-9-2012.

26-07-2012:

The latest and final list of Karnataka team view here..

Mr Nagavi will be in Delhi next week on 1st, 2nd Aug 2012 to explore the possibility of engaging Sr advacate as per the wish of many LDCE candidates of various states including Karnataka. It is therefore advised to all the nodal persons to pl plan to visit Delhi on these days to put our effoert into execuation to save our hard earned seniority issue. For futher details you may please contact Mr Nagavi ( 9448010565)..

The impleading application in the said SLP of seniority issue from the group of Karnataka LDCE candidates is also likely to filed by Monday by our counsel..

 

18-07-2012:

LDCE SDEs of Bihar Circle have held meeting and decided to fight the seniority case and contribute the requisite legal expense. Mr M Pande DE ETP ( 9431200489) and Mr Ajit Kumar DE PTD ( 9431200621) will be the nodal persons. Members of Bihar be in contact with them and ready with the requirement. The supreme court Vakalat Form is uploaded here..Click..

15-07-2012:

The SLP from 109 SDEs of Karnataka is likely to be filed on 18th July 2012.. As such you have two more days ie., 16th and 17th July the left out SDEs may also join. For the list of SDEs click here..If the said number gets increased considerably we may explore the possibility of even engaging a senior advocate of Supreme Court and hence the joining of all left out SDEs will make us pursue the case more effectively which is the need of the hour and crucial in the matter. Regarding more details and clariafications you may please contact Mr Nagavi ( 9448010565 )

Attention of LDCE SDEs of other states:

Please identify state nodal persons and get grouped within a 2-3 days and we may all meet at Delhi very shortly and we may take further action to nominate senior advocate of Supreme Court in addition to above action of Karnataka SDEs. If we don't wake up and act collectively we may have to repent in our future days. Let us not loose the present chance..For further details you may please contact Mr Nagavi ( 9448010565 )

12-07-2012:

Mr S B Nagavi visited and addressed and clarified all the doubts of the assembly of 35 LDCE SDEs of Andra Pradesh on the seniority and notional fixation cases in SNEA Bhavan Hyderabad. The SDEs present have also decided to fight the seniority issue in the manner Karnataka have done. They have decided to nominate Mr P Sudhakar ( 9490147147), P S N Murthy ( 9440000311), Ramakanth Sharma (9440244344) and M Prasad ( 9490291122) as the nodal SDEs to organise and take further action in the matter. All the LDCE SDEs of AP are requested to immediately contact these nodal persons for further details.

Now it is high time that other circles have to move in similar line in the matter of seniority issue.

11-07-2012:

Mr S B Nagavi will be visiting Hyderabad on 12th July 2012 and meeting the SDEs of LDCE 2004, 2008 and 2012 batches and will appraise the latest position on the seniority issue and also notional pay fixation court case. For the venue and time members of Hyderabad are requested to contact Mr Sudhakar ( 9490147147).

08-07-2012:

Seniority case SLP:

We are very much thankful to the LDCE SDEs of Karnataka Circle for their support to join the team of struggle to restore our seniority. We are reaching the requisit number of target shortly. As we have no time our counsel is likely to file the case within 2-3 days. Our appeal to all LDCE SDEs standing as spectators to please join as a player. Every one must know that we are fighting to restore your hard earned seniority at stake which you have achieved by writing LDCE by your hard studies. These hundred and odd SDEs who have joined in the struggle are representing your cause and will be fighting for all the 1500 SDEs of 2004 batch as well as 2008 and 2012 batch LDCE SDEs also. We have to be thankful to these SDEs who are in the team or join in the team and be a proud player to fight for your own cause and the cause of all these LDCEans. You have two more days to do so.

We have decided to fight and will continue..

Please watch for our further updates and the final list of the team after a couple of days.

05-07-2012:

The total number of SDEs joined for the case reached 90 as on 5th July .For list click here.. Other to immediately join please.

For information the seniority list number 6 & 7 uploaded here. For the list click here..

If present court order is implemented, the seniority of all LDCE candidates will move to the bottom of list number 7 and the modification done accorginly is uploaded here to demonstrate the severe adverse impact on us. For modified list 6 and 7 click here.

List of 81 SDEs ( as on the evening of 4th July ) already registered and paid LF for the SLP filing in Hon Sup court click here.. Thanks for support and supporting yourself...

Remaining members are requested to join immediately...

3-07-2012:

Seniority ???

Under 75% seniority quota on 20-04-2000 ( 5320 )and on 28-12-2001 (3854 ) JTOs have been promoted. The seniority of LDCE candidates is at position 4,8,12,16,........ in between these SDEs. If the present stand of Hon court is up held our seniority of 1509 LDCE passed ( 25%) candidates will come below these 9174 SDEs. This great injustice needs to be adjudicated and we have to emerge as the winners to take justice on our side with the timely action to join the team. Stage is emerging that all LDCE passed candicates of 2004, 2008 and 2012 get organised and fight Vey very positive move of Karnataka LDCE passed candidates. Already 68 SDEs have joined with the team of fighting the case in Hon supreme court and many more in the pipe line. Remaining SDEs are requested to strengthen our struggle by joining in this team. However we advise the SDEs retiring in a couple of years need not send the vakalath forms.

30-06-2012:

Seniority list 6 & 7 SLP in Hon Supreme Court:

More than 50 SDEs of Karnataka have already singned Vakalat and paid fees. As such we have very less time other SDEs have been requested to act immmediately latest by 2-7-2012 so that we will finalise the case to be made over to the lawyer. Let us not forget the serious adverse impact of the issue. We will permanantly loose the very benefit of seniority we have gained and hence we are committed to fight for justice. The 1989 JTO batch who have become SDEs in Dec 2001 have written examination in 2002. What is the benefit they have got by writing this examination ? This is a top priority issue for all the LDCE passed candidates. The examinations held in 2002, 2007 and 2012 will become irrelevant and we should not allow this to happen on any circumstances. Wake up all LDCE passed SDEs and understand what is happening to your career and act now.

Seniority list 6 & 7:

In the meeting held on 27-6-2012 at Mangalore all the 17 LDCE SDEs have signed vakalath and unanimously decided to join the filing of SLP in Hon Supreme Court. 3 SDEs of Bellary have joined the team. SDEs from RTTC Mysore have also joined the team. Many SDEs of BGTD have also singed the Vakalath and joined the team today. Since we are having very short time we request the remaining SDEs to immediately join and sign the vakalaths.

Notional fixation case of LDCE:

The left out LDCE 2004 batch SDEs in Karnataka have filed application for the notional benefit vide OA No.306/2012 ( Govindaraj and 50 others ) in Hon CAT Bangalore is admitted today and posted for futher hearing in 31-07-2012 with notice being issued to BSNL. Already this benefit has been extended to 124 LDCE SDEs of Karnataka in OA 181/2009.

26-06-2012:

Seniority list 6 & 7:

The meeting held at Hubli decided to legally fight the case to restore our seniority which is achived by writing the Compititive Examination and as per the policy of the DOT/BSNL.

Similar meeting is scheduled to be held at Mangalore tomorrow the 27-06-2012 at 1200 hours @ Kadri TE premises. For further details members are requested to contact Mr Muralidhar ( 9449853988 ). The doubts of the members would also be clarified by Mr Nagavi.

As such the Review Petition filed by BSNL in Hon Bambay HCin the said seniority case has been dismissed in the Sadashivan case (WP 3725/2011), we have to implead in the Supreme Court along with BSNL to save our seniority.

Our honest request to all the members is study the impact carefully and join with the team getting prepared to implead in the case in Hon Supreme Court. Otherwise our seniority will go down by 6000 to 7000 numbers.

21-06-2012:

Today LDCE 2004 batch SDEs have met at CGMT Office and decided to file SLP in Supreme Court immediagtely to challange the orders of Hon Bombay and Ernakulam judgements on Seniority issue. The members attended the meeting at Bangalore have opined that we have to fight very seriously to restore our hard earned seniority at any cost which we got by writing the said examiniation. 30 members have already signed the Vakalath. Many have sent sms that they will do the same tomorrow. As already decided another meeting will be held at Hubli on Monday the 25-6-2012. For vanue and time memabers are requested to contact Shri S P Jagadale ( 9449854799). As we have very little time members are requested to attend the meeting and remit the legal fees immeidately. We appeal others also to act swiftly and join the struggle to restore our seniority..

17-06-2012:

Seniority issue of LDCE candidates:List No. 6 & 7 scquashed by Hon High Court of Bombay and Kerala..

As already informed and having received tremendous response from all the members, we have consulted the lawyers on the issue. Rreceived details from BSNL and our counterparts in Hariyana,Bombay and Kerala. The friends from Kerala and other parts of India are planning to file SLP in Hon Supreme Court. The openion of our lawyer is to implead in the said SLP or to file seperate petition, including the possibility of filing a case in Hon CAT Bangalore also. Our lawyer is of the firm openion that we have sufficient grounds to fight this case. In view of the seriousness of the case, if we don't act immediately in this matter we will be loosing the great chance maintianing our hard earned seniority in the LDCE and will permanantly loose the only benefit of interse seniority in list no. 6 and 7. Within this week we have to take a final decesion on the matter of involving in this justified legal battle. We are therefore proposing to to hold meeting at Bangalore and Hubli. The meeting at Bangalore will be held on 21-06-2012 at the auditorium of CGM Office Halasur at 1330 hours. All the members of south Karnataka are requested to attend the same without fail. For other details you may contact Shri S B Nagavi ( 9448010565 ). The date and venue of the meeting at Hubli will be intimated on the evening of 21-06-2012..

The update of 16-5-2012 is reproduced below for ready infn..

For the informations of all copitative passed candidates of 2004 and 2008 batch SDEs: The seniority ;ist No 6 and 7 have been set aside by Hon Chandigad, Ernakulam and Bambay CATs. The Hon High court of Bombay and Ernakulam have upheld confirmed the decesions of respective Hon CATs. BSNL has filed the Review Petition in Bombay HC. Under the circumstances it is important that all LDCE passed SDEs need to be aware of this development and to take steps to safeguard the seniority as published in list 6 and 7. We invite your immediate comments on email to nagavisb@gmail.com. We are also publishing all the judgements for your information.

<<Hon CAT Chandigad>> << Hon CAT Bombay>> << Hon Bombay HC>> << Hon CAT Ernakulam>> << Hon Ernakulam HC>>..

We may hold a meeting shortly in Bangalore to discuss the steps to be taken after getting the response of members through mail.

 

16-06-2012:

51 left out SDEs in Karnataka of LDCE QUOTA ( Shri K S Govindaraj and 50 others) have filed case in Hon CAT Bangalore for notional fixation on far with the benefits extended in OA 181/2009. 124 SDEs of Karnataka have already got the benefit and even E3E4 promotion on 1-1-2011. The case is likely to come up for admission in next week. Shri P A Kulkarni, Lawyer is representing our case. He was the counsel who represented the case earlier at Hon CAT, High Court and Supreme Court also.

29-05-2012:

Final list of 51 left out SDEs who have proposed to file case for notional fixation in Hon CAT Bangalore. The papers have been made over to our counsel. For list click here..

28-05-2012:

BSNL may file Review applications in Hon Hyderabad CAT and Hon Kerala High Courts on notional fixation issue. Our counterparts in these states may please get prepared to defeat the sinister move of department to deny the most just demand of LDCE passed candidates. It still expects that we should continue to get less salary than the LDCE failed and junior candidagtes of our JTO batch. The HR approach really doesn't exist in BSNL. We from Karnataka are on the way to file case for the left out candidates though the same legal councel...

Regarding the Sr List 6-7 squash also we are approaching our legal councel for his openion before conducting the meeting of Karnataka candidates..

16-05-2012:

For the informations of all copitative passed candidates of 2004 and 2008 batch SDEs: The seniority ;ist No 6 and 7 have been set aside by Hon Chandigad, Ernakulam and Bambay CATs. The Hon High court of Bombay and Ernakulam have upheld confirmed the decesions of respective Hon CATs. BSNL has filed the Review Petition in Bombay HC. Under the circumstances it is important that all LDCE passed SDEs need to be aware of this development and to take steps to safeguard the seniority as published in list 6 and 7. We invite your immediate comments on email to nagavisb@gmail.com. We are also publishing all the judgements for your information.

<<Hon CAT Chandigad>> << Hon CAT Bombay>> << Hon Bombay HC>> << Hon CAT Ernakulam>> << Hon Ernakulam HC>>..

We may hold a meeting shortly in Bangalore to discuss the steps to be taken after getting the response of members through mail.

10-05-2012:

The corrections received thr' sms for the last two days were also incorporated and the list is re-published here for for information For list click here... We are looking forward for the copies of the representations please.

07-05-2012:

The corrected file of final list of Karnataka is published here fore information. For corrected list click here..The copy of the representations submitted by you may please be sent by courior to the address already sent to you by SMS.

07-05-2012:

For the final list of left out LDCE candidates who have registered their names for filing court case in case of Karnataka is published here. The candidates may check the correctness of the data and call Mr S B Nagavi..... ( 9448010565) for correction if any ..For list click here...

14-04-2012:

GS SNEA CHQ writes to Dir HRD for the generalisation of the notional fixation. We from Karnataka are ready for filing the case in respect of the left out candidates. But we will wait for a reasonable time to see the outcome of the response from the management for the said letter. CS SNEA Karnataka Shri S B Nagavi had very effectively presented this case in the AIC at Nanded. This is one court case in which there is absolutely no contraversy nor any adverse affect of seniority to any of our counterparts and hence the association should not hesitate to purue the same with full force which is definately going to help as many as 850 similarly placed SDEs. This has been elaburated in the said letter. We are thankful to Shri K Sebastin CS SNEA and CHQ for understanding the issue and effectively presenting the issue in his letter to the maqnagement. For letter copy clik here.

08-04-2012:

CS SNEA KTK Com S B Nagavi has effectively presented the need of intervention of SNEA for the generalisation of the notional fixation beneafit to all the SDEs promoted in 2004 thr' LDCE held in 2002 at the AIC held at Nanded from 30th March to 1st April 2012..

For the information of the members all the judgement copies of the case are once again uploaded here below as many SDEs are needed them to file cases in case of no positive response from BSNL

1. Hon CAT Bangalore judgement in OA 181/2009. <<P1>><<P2>>

2. Hon High court judgement in WP 37322/2010.. ( Appeal on OA 181/2009).<<P1>>

3. Hon Supreme Court judgement in SLP 22720/2011 ( Challanging CAT/HC orders)<<P1>>

4. Hon CAT orders on CP 38/2010 filed by S B Nagavi one of the applicant.<<P1>>

5. Hon High Court judgement in RP 315/2011 on WP 37322/2010. <<P1>>.

14-03-2012:

47 left out SDEs of Karnataka have joining the group to pursue the case of notional fixation legally and only 3-4 SDEs response is still awaited.. Now we are on the job of persuation with CHQ SNEA for generalisation in addition to getting ready for the legal course. Hence remaining members if any want to join they may please confirm the same with Shri S B Nagavi ( 9448010565) before 16-03-2012..

In Kerala 70 members team of left out candidates is getting ready for legal battle..

Other state candidates are also advised to get prepared for legal battle to act swiftly if the response of the managemant goes negetive..

 

09-03-2012: Review Petition judgement copy released. For Copy Click here <<part1>> <<part >>

07-03-2012:

In the meeting of the left out candidates of LDCE on 3-3-2012, in Karnataka; it is deceided to get prepared for the legal battle and initially pressurise BSNL through the CHQ association (SNEA) for generalisation. Now we are waiting for the copy of RP judegement. Once copy of judgement is available; all documents will be sent to other state co-ordinators for further action in the matter.The members of Karnataka who have not attended the meeting on 3-3-2012 are requested to immediately submit the VAKALATH forms to Shri S B Nagavi at Circle office Halasur Bangalore. Get ready for one more struggle to get justince to remaining 1400 LDCE candidates promoted on 8-6-2004...

In case of Hyderabad already they have filed a caveat in Hon High Court of Hyderabad. In case of Kerala they have filed caveat in Hon Supreme Court.

02-03-2012:

Congratulations:

The final effort of BSNL to get a review in the notional fixation/preponement of promotion in the case of OA 181/2009 filed by Shri S B Nagavi and 123 others ( 2004 LDCE candidates) was finally closed by the dismisal of the the RP 315/2011 today by the Hon High Court of Karnataka. The case was represented by Shri P A Kulkarni Lawyer for the applicant- respondants in the RP.

The passing of the examinastion had so advesrly affected them that they started getting less salary from November 2004 onwards than their JTO batchmates who were not only juniors but had also failed in the said LDCE examination. BSNL shuold have solved this anamaly instead they tried the other way. But finally justice prevailed and has to be exgtended to all other 1500 candidates also.

We from our side have called for the meeting aof the left out 2004 LDCE passed candidate at Bangalore CGMT Office auditorium on 3-3-3012 at 1330 hours to discuss on the further course of actiuon in the matter.

The outcome of the meeting and instructions to the candidates of other States will also be published within a couple of days.

01-03-2012:

LDCE COURT CASE:

The prouncement of judgement on Review Petition filed by BSNL in OA 181/2009, the case of notional pay fixation and service benefits vide RP No. 315/2011 is scheduled at 1430 hours of tomorrow the 2-3-2012. We will publish the same at about 1530 hour on 2-3-2012.

 

17-02-2012:

LDCE COURT CASE:

The Review Petition filed by BSNL in OA 181/2009, the case of notional pay fixation and service benefits vide RP No. 315/2011 came up before Hon High Court of Karnataka, The arguments completed after condoning the delay of the submission of RP by BSNL and the Judgement is reserved. It may be re-called here the case fought under the leadership of Shri S B Nagavi and 123 others, already orders have been implemented in Karnataka based on the directive of the Hon Supreme Court while dismissing the SLP filed by BSNL. The case was represented by Shri P A Kulkarni, counsel on behalf of applicants at various courts. Similar judgements have also been pronounced by Hon CAT Hydrabad and Hon Kerala High Court referring the judgement of Karnataka..

15-02-2012:

LDCE CASE;

The Review Petition RP 315/2011 in case of notional fixation case filed by BSNL against OA 181/2009 of S B Nagavi and 123 others is likely to come up before Hon High Court of Karnataka on 17-02-2012 ....

 

31-01-2012:

Notional date of promotion for the SDEs promoted in 2004 under LDCE quota: Hon High Court at Ernakulam on 30th Jan 2012 given judgment in favour of extending notional date of promotion w.e.f 23.01.2002 for the SDEs promoted in the LDCE quota in 2004 with similar benefits extended by Hon CAT, Banglore in OA 181/2009. The judgment has to be implemented in 2 months time which will be subject to the outcome of the RP pending at Hon High Court of Karnataka at Banglore.

The case at Bangalore was fought by Com S B Nagavi and 123 others upto Hon Supreme Court to end the unwarranted injustice faced by the LDCE passed SDEs and finally got the orders implemented in Karnataka for the applicants. SNEA Karnataka is further persuing with CHQ for the generalisation of the same to all the 1500 candidates all over the country. CS had detailed discussion on this issue yesterday with the GS Com G L Jogi during his visit to Bangalore yesterday.

 

27-01-2012:

LDCE Court case:

Refer to update on 23rd:

BSNL tried to creat an impression that the RP N0.315/2011 is admitted in Hon High Court of Kranataka. It has accepted the truth that the case is not yet admitted..For corrigendum from Corp Office click here...

 

23-01-2012:There will be a meeting of the left out candidates in the LDCE court case( 2004 promoted candidates) on 25-1-2012 at 1330 hours at CGMT Office Ulsooor Bangalore to decide on further course of action to generalise the benefits of OA 181/2009 judgement... SDEs concerned may please attend.

23-01-2012:

LDCE Court case

Reply of BSNL CO for the representation of 2002 LDCE passed candidates as per OA 181/2011 of Premakumar and others ( Case fough by S B Nagavi CS SNEA KTK and others) of Hon CAT BG..For CO letter click here... BSNL claims that the case is admitted but the fact of the matter is the RP is still pending for admission and so far not admitted. For the latest status click here...<<1>> After 26-8-2011 hearing; honourable court instructed to comply office objections <<2>>, the case is further not heard and the status is still pending for admission..

 

23-12-2011:

 

SNEA KTK EXTRACT ON 21-12-11:

CS Writes to General Secretary Com G L Jogi, for the generalisation of the notional pay fixation to the remaining 1400 LDCE (2004 batch) passed candidates as per Hon CAT Bangalore judgement in OA No.181/2011 filed by Com S B Nagavi and 123 others in Karnataka...For letter Click here..For comparative statement click here..

SNEA CHQ EXTRACT ON 23-12-2011:

  • Extending the benefit of notional date of promotion and fixation of pay w.e.f. 23.01.2002 and actual benefits from 01.04.2008 in terms of judgment dated 26.04.2010 of the Hon CAT, Bangalore Bench in OA. No. 181 / 2009 to similarly placed other candidates also ....View letter Copy

 

18-12-2011: We are expecting the RP 315/2011 in OA 181/2009

is likely to come up before Hon High Court on 6th or 13th Jan 2011.

Till then we the 2004 batch remaining LDCE candidates may wait.

As far as 2008 batch LDCE candidates are concerned, this relief

under subject is in no way help them since they have availed the

benefit of BSNL's 1st TBU (E1-E2) before they got their SDE promotion.

Extract of SNEA KTK update on 13-12-2011 ...

LDCE CASE

LDCE Contempt petition (38/2010) filed by S B Nagavi:

The case came up for hearing on 12-12-2011. CMD BSNL Sh R K Upadyaya and CGMT BG

Sh P Raghavan have personnally attended the Hon CAT Bangalore as per the directive of

the Haon CAT. Shri P A Kulkarni counsel for the LDCE applicants reported the

implimentation of the judgement in toto our satisfaction and hence the CP was closed.

Com S B Nagavi personnally met the respected CMD and submitted 2 page brief;

explaining the injustice and pay loss being experienced by the 1600 LDCE candidates

all over India. CMD was kind enough to go through the brief and was convinced of

our grievience. For brief click here. For comparative pay loss click here.

SNEA Karnatka will take up the matter with CHQ for generalisation of the benefit

to other candidates once the REVIEW petition ( 315/2011) is also disposed off

which is likely to be heard in the first week of Jan 2012.

18-11-2011:

The RP 315/2011 pending before the

Hon High Court of Karnataka did not

so far come up for hearing since one

of the Hon Judges is on deputation to

Hon High court bench of Dharwad . It

is likely to be heard in the last week

Dec 2011. We will persue the matter

of generalisation of the order once the

RP is heard and disposed. Members are

requested to wait for some more time

in this regard..

09-11-2011:

We are expecting the Review Petition

filed by BSNL on LDCE notional pay

fixation case is likely to be heard in

the next week by Hon High Court of

Karnataka. After that we will take

decesion on further course of action

to generalise the orders..

Alert: 124 LDCE candidates: Ensure

to get acknowledgement of the

option letter and submit its copy to

S B Nagavi to produce it to our

legal councel..

04-11-2011: Attention of 124 LDCE candidates of STR STP WTP T&D and ITPC ...

LDCE court case related issues:

(1) Corp Office issues orders to non-recruiting (STR, STP, WTP, T&D,ITPC) circles for the implimentation of the Hon CAT order dtd 24-10-2010 in OA 181/2009.. For letter click here..

(2) STR issues instructions for implimentatkion of above order. For letter click here..

(3) Provision exists to revise the opton for pay fixation due to unforseen development or change of rules..( DOPT OM No.13/2/97-Estt.(Pay-I) dtd 12-12-1997).. For copy click here..

(4) For Hon CAT BG daily order dtd 25-102011 (on Contempt Petition 38/10 filed by S B Nagavi on non implimentation of order on OA 181/2009)..click here..

All the LDCE court case SDEs working in Mobile services are requested to immediately contact Mr S B Nagavi (9448010565)

04-11-2011: Attention of 124 LDCE candidates of Karnataka ...

CGMT Karnataka office has called for option before 5-11-2011. Hence concerned SDEs may immediately give option. For circle office letter click here. For JTOs of 1993 and 1994 batch pay fixation click here..

02-11-2011:

Meeting held at SNEA Bhavan Bangalore on 1-11-2011 and decided further modalities. Some SDEs who have not attended the meeting out of 124 team may immediately contact S B Nagavi (9448010565) to get updated on the issues.. At 1300 hours today he will be at Sanchar Complex to update STR and Jayanagar area SDEs. SDEs interested may meet him there.

31-10-2011:

Now all SSAs in KTK have been directed for the notional pay fixations. After the detailed discussion by our friends at Hubli and making various calculations it is found that opting for deferred CDA pay fiaxtion either on the 23-1-2002 or on the DNI will be beneficial to the 1990 and 1992 batch recuirted JTOs. The 1993 and 1994 batch JTOs can opt direct IDA fixation as deferred CDA is not benefitial to them. All 124 applicants in the court case are requested to give option to your pay drawing officer immediately in the following proforma whichever is beneficial to you. For any clarifications you may contact Mr Ravikiran Jannu (9449859979) or Mr S B Nagavi ( 9448010565)

For the option letter for deferred CDA option click here..<< deferred option as on 23-1-2002>> << deferred option as on DNI after 23-1-2001>>

Calculation sheet << for 1990 batch>> << for 1992 batch>>

31-10-2011:

Meeting of LDCE court case candidates at Hubli on 31-10-2011: Nagavi SDE MS Bg will be visiting Hubli on 31-10-2011; The candidates of north Karnataka and nearby SSAs can meet him at Hubli on 31-10-2011 after noon. For the vanue please contact Mr Jagadale (9449854799) or Mr Bellubbi (9448010044). He will highlight about the deferred CDA option benefits and also the modalities to be adopted in future about the court case (RP) and also on seniority issue in view of the Hon Bombay High Court order of cancelling the seniority list 6 and 7 and the efforts done by our counterparts inMaharastra etc...

29-10-2011:

LDCE Court Case:

CGMT Karnataka issued orders for implimentation of the Hon CAT order endorsed by BSBL office within 10 days to enable to comply to Hon CAT BG... For order click here << part 1>> << part 2 >> . For the orders in respect of STR/STP/T&D seperate order is expected shortly from Corporate Office...

All the candidates in the court list ( 124 SDEs) are requested to be present near SNEA Bhavan, Sahakar Nagar, Bangalore on 1-11-2011 Tuesday at 1200 hours positively to discuss on further course of action regarding opting for CDA pay scales fixation till promotion to SDE grade and also about the implications of Review Petition etc..,

Address of SNEA Bhavan: No 1020, B Block, Behind Police Out Post, Sahakar Nagar Bangalore 92.

Bus Route: Any Bus Going to International Airport or Yelahanka and to get down at Kudigehalli Cross after Hebbal Fly over and take auto to above address with minimum charges. From Majestic City Bus stop the Direct Buses to SNEA Bhavan available; Plat Form No.23 Bus Numbers are 288D and 288M

26-10-2011:

LDCE Court Case in Karnataka:

Historic achievement to restore the injustice caused to the 2004 LDCE passed executives. After sustained struggle of 4 years today BSNL Corporate office issued orders to impliment the Hon CAT Bangalore order on OA (181/2009 ) filed by Com S B Nagavi and 123 others.. However this is subject to the outcome of the REVIEW PETITION filed before Hon High Court of Karnataka. Candidates in this case may contact Com S B Nagavi CS SNEA KTK ( 9448010565 ) for further details in the matter. For order copy click here.

The other compitative passed candidates may register their names in this web site immediately for further course of action for notional fixation as well as protecting the seniority issue in the case of list 6 and 7.. For registration click here..

 

09-10-2011:

Chandigad Hon CAT Judgement on cancelling the seniority list No.6 & 7

Ernakulam Hon CAT Hudgement on cancelling the seniority list No.6 & 7

Hon Bombay High Court Judement on cancelling the seniority list No.6 & 7

We request all to study the above judgements and get united to fight and get back the seniority and hence register immediately..

Friends,

Now time has come to unite and organise to fight against the recent developments in respect of the injustice caused to the compitative examination passed SDEs in entire India in BSNL as their inter se seniority has been set aside by various Hon CATs like Chindigad and Ernakulam. Further Hon High court of Baombay also has set aside the seniority list number 6 and 7.

We in Karnataka a group of 124 SDEs organised under the leadership of Mr S B Nagavi SDE MSD Bangalore, have filed the case in Hon CAT Bangalore claming the notional service benefit on far with the 75% quota of seniority counterparts. The Hon CAT Bangalore has passed an order to grant the follwoing benefit.

Hon CAT BG ordered counting of experience for the purpose of promotions, annual increments etc. w.e.f. 23.1.2002 but with arrears from 1.4.2008 only, for the SDEs promoted under 25% competitive quota vacancies pertaining to the recruitment years 1996-97, 1997-98, 1998-99, 1999-2000 and 2000-2001 for which Limited Departmental Competitive Examination was scheduled to be held on 23.7.2001, but was actually held on 1.12.2002. The WP filed in Hon High Court Bangalore and SLP in supreme court have been dismissed since the Court found no merit in the WP/Special Leave Petition. The Supreme Court has directed BSNL to comply with the CAT orders within two months from 25.8.2011 but still the RP is still pending before Hon High Court .

 

We are going to link all the related judgements for the information of the SDEs very shortly. We request you to kindly register your details under the tab Register so that vital information can be emailed to you.