The operative portion of the same reads as under The respondents are, therefore, directed to include the TOA cadre which is required to do clerical work and other such jobs in the list of identified jobs issued by Department of Telecommunications vide their letter No.1 8/2001/AO SNG dated 18.10.01 to be inconformity with the list of identified jobs published in the Gazette numberification No.178 dated 30.06.2001 referred to above.
The Respondent had opted for restructured cadre of TOA.
The Respondent was appointed as a Lower Division Clerk on companypassionate ground in relaxation of numbermal recruitment rules, including upper age limit and typing test, in the Post Master Generals Office Trivandrum on 23.01.1973 in the PMT Department, which was later bifurcated into Departments of Posts and Telecommunications.
SS O 4 OS 1600 2600 TOA GR IV CSS 1640 2900 An employee who chose to join the new cadre of TOA cannot revert back on his own choice for claiming any financial or promotion benefit in both the cadres simultaneously.
BSNL, aggrieved by the above mentioned order approached the Kerala High Court by filing Writ Petition No.30816 of 2003 which was dismissed by a learned Single Judge vide order dated 19.02.2007, ordering that the benefit of LSG cadre be given to the respondent from 01.03.1992.
09.09.1992 1 LDC 950 1400 TOA GR 1 975 1660 2 UDC 1200 1800 TOA GR II 1400 2300 SS O 3 LSG 1400 2300 TOA GR III 1600 2550 Sr.
Upon identification of the cadre for PH persons, the respondents are directed to prepare a 100 point reservation register for PH persons as required under the existing instructions of Department of Personnel Training Department of Telecommunications and to companysider the claim of the companyplainant for promotion under reserved vacancies for the grade s if he becomes eligible as a PH person against reserved vacancies.
The Respondent in the meanwhile was promoted as TOA Grade III Senior Supervisor w.e.f.
Names of cadre and pay scales are given below for ready reference Name of ThePay scale Name of cadre Pay scale erst while Rupees under TOA Rupees cadre pattern w.e.f.
The Committee identified 5 cadres, namely, JTO, JAO, Stenographers, JE Civil and JE Electrical , which was circulated for companypliance vide letter No.226 07/96 STN dated 12.05.1997.
The Respondent, aggrieved by the rejection order passed by the BSNL filed a companyplaint before the Commissioner, praying that he should be given promotion to the post of Lower Selection Grade LSG in short Section Supervisors retrospectively w.e.f.
SS and TOA Grade IV CSS w.e.f.
A choice was given to the employees working in the clerical stream to opt for the new cadre of TOA or to remain in the clerical cadre.
20.11.1989 and to the upgraded clerical posts of TOA Grade III Senior Section Supervisors and TOA Grade IV Chief Section Supervisors w.e.f.
SCT dated 20.11.1989, which was companysidered and rejected by BSNL on the ground that numberrelaxation reservation in promotion was permissible under schemes for physically handicapped persons as in the case of Scheduled Caste Scheduled Tribe SC ST in short officials.
Nomenclature of posts of Lower Division Clerk Upper Division Clerk Office Superintendent LDC UDC OS in short was changed as Telecom Operating Assistants in the Telecom Department.
The Department of Personnel and Training vide its OM dated 20.11.1989 introduced reservation in favour of physically handicapped persons in posts filled by promotion in i within Group D ii from Group D to Grup C and iii within Group C. Reservation was provided for three categories of persons namely, visually handicapped, hearing handicapped and orthopedically handicapped.
The Respondent was later promoted as ad hoc UDC w.e.f.
On 09.09.1992, a new cadre was created under restructuring scheme of erstwhile Department of Telecommunications.
The posts in the clerical cadre became redundant as the majority of the employees had chosen to join the new cadre due to the difference in pay scale advantageous to them.
The Commissioner after hearing parties and examining various companytentions passed the following order on 26.12.2002.
Consequently, he was placed as TOA Grade II Section Supervisor w.e.f.
The Chief Commissioner entertained the companyplaint and registered case No.1109/2001 under Section 59 of the Act of 1995.
Later he was placed as TOA Grade II Section Supervisor w.e.f.
09.09.1992 when restructured scheme was implemented on 09.09.1992.
04.11.1982 on seniority cum fitness quota.
The applicability of reservation was, however, limited to the promotion being made to those posts that were identified as being capable of being filled held by these appropriate categories of handicapped persons.
The Respondent then applied for promotion under the physically handicapped persons quota after availing all facilities of restructured Cadre on the basis of the OM No.36035/8/89 Estt.
The Respondent then opted for Telecommunications Department.
01.07.1999.
In fact, he claimed promotion to the post of LSG SS with retrospective effect w.e.f.20.11.1989 and to the upgraded clerical post of TOA Grade III Sr.
The Department of Telecommunications formed a High Power Committee for identification of posts in group C from D for the purpose of 9 reservation for physically handicapped persons.
1977 and was promoted as UDC on regular basis w.e.f.
07.02.1996, which was rejected by the Department.
The High Power Committee had identified five cadres for promotion and they were JTO, JAO, Stenographers, JE Civil and JE Electrical .
Aggrieved by the same, this appeal has been preferred by special leave.
Further, it was also numbericed that the respondents appointment was number under physically handicapped quota.
09.09.1992.
07.02.1996.
He later applied for promotion under the physically handicapped quota after availing of all the facilities of restructured cadre.
The above categorization was done w.e.f 09.09.1992.
