JTO SRD Batch Pay Loss

List of Documents for E1+5 Increments Case:-

1. Advertisement JTO 2007 batch
2. Advertisement JTO 2008 batch
3. Advertisement JAO 2009 batch
4. Advertisement JTO SRD 2010 batch for PwD
5. Advertisement JTO SRD 2011 batch for PwD
6. Advertisement JTO SRD 2019 batch for SC, ST and OBC
7. JTO Recruitment Rule 2001 with amendments
8. JTO Recruitment Rule 2014
9. BSNL Circular No. 1-50/2008-PAT (BSNL) Dated 05-03-2009 BSNL Office Order for Revision of
scales of pay of board level and below board level executives of BSNL w.e.f. 01-01-2007
10. BSNL Circular No. 1-29/2010-PAT (BSNL) Dated 03-01-2012 BSNL Office Order for grant of five
increments (E1+5) to JTO 2007, JTO 2008 & JAO 2009 batch
11. BSNL Circular No. 5-21/2018-Estt.-IV/PwD Dated 31-01-2018 BSNL Office Order for submission of
reply to CCPD in different cases filed by PwD candidates
12. DoT Presidential order No. 61-2/2016-SU Dated 28-03-2017 DoT order for basic pay of Rs. 18850 to
JTO/JAO
13. FAQ on Recruitment Rules (No. AB.14014/13/2013-Estt.(RR)(1349) by DoPT
14. DoPT Circular No. AB.14017/61/2008-Estt.(RR) Dated 24-03-2009 regarding “Sixth Central Pay
Commission’s recommendations- revision of pay scales- amendment of service rules/recruitment rules”
15. DoPT Circular No. AB-14017/13/2016-Estt.(RR)(Part-I) Dated 25-07-2018 regarding “Seventh Central
Pay Commission’s recommendations- revision of pay scales- amendment of service rules/recruitment
rules”
16. DoPT Circular No. AB.14017/48/2010-Estt.(RR) Dated 31-10-2010 regarding “Revision of guidelines
for framing/amendment/relaxation of Recruitment Rules.”
17. BSNL HQ No. 400-55/2016-Pers-I Dated 23-10-2019 regarding “clarification regarding grant of 1 st
time bound upgradation under Executive Promotion Policy (EPP) for Grp. B equivalent absorbed
officers in BSNL.
18. BSNL HQ Circular No. 1-06/2016-PAT(BSNL) Dated 01-05-2019 regarding “Implementation of
Hon’ble Supreme Court judgement on recovery of excess/wrongful payments - Need for ensuring
100% error free pay fixation method and Post Audit of Pay Fixation - reg.”

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Important Questionnaires
1. Why this case is filed?
This case is filed against the discrimination of PwD employees by violation of rules and laws. PwD
employees are getting less basic pay in comparison of normal recruited employees.
2. Which rules are violated?
i. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995
ii. The Rights of Persons With Disabilities Act, 2016
iii. Right to equality and equal protection of laws (Article 14 to 18)
iv. Supreme Court judgement of “Equal pay for Equal work” is also violated.
v. Recruitment Rules of JTO-2001
3. How rules are violated?
i. Different pay scales (basic pay) are decided for different batches without any amendment in
Recruitment Rules. Additionally many rules and laws are also not followed.
ii. Pay scale of PWD person recruited for the post of JTO downgraded compared to normal
person recruited under same recruitment rule for the same post. It seems that is due to our
inability to do some type of work due to our physical constraint.
iii. Our pay scale downgraded intentionally and further still delaying matter for so long period for
almost 8 years. Even after issuance of presidential order by DoT on Dated 28-03-2017 same is
not enforced to maintain discrimination with us. This will be highly painful for us that due to
our disability our basic rights are seized.
4. Which court judgments are not followed by BSNL Management?
Supreme Court judgement of “Equal pay for Equal work” is also violated. This judgment is applicable
for even casual workers and BSNL is not following it for regular employees. It may be due to disability
of these SRD JTOs.
But BSNL is assigning the same work to disabled employees irrespective of their limited physical
capabilities which work is assigned to physically fit employees. Applicant was also posted in outdoor
duties for almost five years by violation of DoPT guidelines and medical certificate.
5. Why this is the case of discrimination of PwD employees?
PwD employees recruited for same vacancy year and with same recruitment rules are getting less basic
pay (i.e. five increments less than normal batches)
6. Who are getting E1+5 Increments in basic pay?
JTOs/JAOs recruited in JTO-2007 batch, JTO-2008 batch and JAO-2010 batch
7. Who are not getting E1+5 Increments in basic pay?
Only JTOs recruited through special recruitment drive (SRD) for persons with disabilities (PwD)
against same recruitment rules and same vacancy year.
8. What is the loss to PwD employees at beginning?
Five Increments (Rs. 2680/-) in basic pay.
9. What are the cumulative losses to PwD employees?

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JTOs recruited through special recruitment drive (SRD) for persons with disabilities (PwD) against
same recruitment rules and same vacancy year will get 11 Increments (Rs. /-) less in basic pay in
comparison to JTO-2007 batch, JTO-2008 batch and JAO-2010 batch. Further first time bound
promotion (TBP) is also delayed by 2 years.
Even departmental JTOs recruited in 2014, 2016 and 2017 are getting first time bound promotion
(TBP) in 4 years, but all SRD JTOs are getting in 6 years and sue to this junior JTOs are getting more
pay compared to SRD JTOs. Further departmental JTOs recruited in 2014, 2016 and 2017 will get
almost 6 increments more during service period as compared to SRD JTOs.
10. What efforts done by applicants?
Many representations were submitted by means of different methods (i.e. though proper channel, public
grievances and PMOPG grievances)
i. Representation to CGMT, Rajasthan and AGM (Pers-V), BSNL HQ on Dated 05-02-2014 (No
response)
ii. PMOPG grievance No. PMOPG/E/2016/0576219 Dated 13-12-2016 (No proper Reply)
iii. Representation to AGM (Pers-V), Director (HR) and GM (Pers), BSNL HQ on Dated 01-02-
2019 (No response)
iv. PMOPG grievance No. PMOPG/E/2019/0068057 Dated 04-02-2019 (No response)
v. DOTEL grievance No. DOTEL/E/2019/21913 Dated 08-08-2019 (No response)
vi. PMOPG grievance No. PMOPG/E/2019/0475916 Dated 19-08-2019 (No response)
vii. DOTEL grievance No. DOTEL/E/2019/28683 Dated 14-10-2019 (Irrelevant reply)
viii. PMOPG grievance No. PMOPG/E/2019/0648596 Dated 07-11-2019 (No proper Reply)
ix. PMOPG grievance No. PMOPG/E/2020/0076053 Dated 14-02-2020 (Still Pending)
11. What was the response from BSNL Management?
No response most of the times. Few replies received when matter is repeatedly raised through
grievances on PMOPG. Replies received are inappropriate and misguiding.
12. PwD JTO who are also getting E1+5 increments?
As far as known to me 11 JTOs recruited through SRD for PwDs are also getting E1+5 (19020) basic
pay. Personal numbers are 1200350, 1100700, 1100508, 1300096, 1300074, 1200551, 1300021,
1100591, 1300022, 802695, 803821. Then recovery is done from 5 employees due to orders issued by
BSNL HQ, which is also the violation of court judgments (BSNL HQ circular No. 1-06/2016-
PAT(BSNL) Dated 01-05-2019)
13. What reliefs are expected from CCPD?
i. All benefits (i.e. pay & promotion) equal to normal batches (i.e. JTO 2007 & 2008 and JAO
2009) may be granted to JTO SRD batches. Currently it is Basic pay of E1+5 and First time
bound IDA up-gradation in 4 years.
ii. Arrear amount with 18% interest may be paid to all SRD batches within 1 month of orders of
honourable CCPD court. As case is already delayed for almost more than 8 years.
iii. All the future benefits which are allowed for normal batches (i.e. JTO 2007 & 2008 and JAO
2009) may also be granted to JTO SRD batches without any further discrimination.

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1. Details of different recruitments:-
JTO 2007 JTO 2008 JAO 2010 JTO 2010 JTO 2011 JTO 2014 JTO 2015 JTO 2019 SRD
for SC, ST &
SRD for PwD SRD for PwD SRD for PwD SRD for PwD OBC
Date of closing
23-03-2008 06-04-2009 15-12-2009 15-10-2010 12-12-2011 05-09-2014 10-12-2015 12-03-2019
of Application
Through Gate-
Date of Exam 15-06-2008 21-06-2009 14-03-2010 19-12-2010 19-02-2012 23-11-2014 20-12-2015
2019 Score
Date of Result Through Gate-
27-10-2009 13-04-2010 22-01-2011 19-03-2012 07-05-2015 30-12-2015
Declaration 2019 Score

E-1A (16400- E-1A (16400-

Notified Pay Scale 9850-14600 9850-14600 16400-40500 16400-40500 16400-40500 16400-40500
40500) 40500)
Basic Pay given Still not
19020 19020 19020 16400 16400 16400 16400
On Appointment Appointed

No. of Candidates
3141 2680 625 5 118 53 23 198 post
Selected
Recruitment
done in revised
Recruitment E-1A scale, but
done in pre- it was Recruitment is
Discrepancies/ revised mentioned in Recruitment done for vacancy year 2007 and 2008 being done in E-
scale even letter dated 05- 1A scale, but pay
Objection on without change in Recruitment Rules,
after 03-2009 that scale was fixed
Pay Scale revision of new same pay scale may be allowed to SRD JTOs E1 in RR of JTO-
scales on recruitments 2014
05-03-2009 will be in
revised E1
scale
Recruitment Rules
2001 2001 2001 2001 2001 2001 2001 2014
Used

2. 2nd PRC in BSNL for executives w.e.f. 01-01-2007 was notified vide letter No. 1-50/2008-PAT (BSNL)
Dated 05-03-2009
i. E1 scale was not notified in this order.
ii. JTO-2008 batch recruited on pre-revised pay scale even after revision of pay scales on Dated 05-03-
2009.
iii. Recruitment Rules of JTO-2001 were not modified after revision of pay scales in 2nd PRC, but
recruitment rules must be amended on implementation of pay commission. DoPT office memorandum
No. AB.14017/61/2008-Estt.(RR) Dated 24-03-2009 may be referred for same (Sixth Central Pay
Commission's recommendations- revision of pay scales- amendment of Service Rules/Recruitment
Rules).
3. Recruitment Rules of JTO-2001 were notified vide letter No. 5-9/2001/Per.IV Dated 10-10-2001. Four
amendments were made in these recruitment rules, but no amendment is made in respect of pay scales
after 2nd PRC which is the essential for new recruitments.
i. No. 12-20/2001-DE Dated 06-03-2002 (Instrumentation branch was added in qualification)
ii. No. 12-20/2001-DE Dated 06-03-2002 (Industrial Electronics branch was added in qualification)
iii. No. 5-9/2009-Pers.IV Dated 8-5-2009 (Information Technology branch was added in qualification)
iv. No. 5-9/2009-Pers.IV Dated 12-10-2009 (Reduction of the prescribed regular service from 10 years to
7 years in post on Group-C for promotion in JTO cadre through LICE under 35% quota and 15%
quota)

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4. DoPT office memorandum No. AB.14017/48/2010-Estt.(RR) Dated 31-12-2010 issued for “Guidelines
on framing/amendment/relaxation of Recruitment Rules”
i. In part-III “Guidelines on preparing Schedule & Notification” in “section 3.5 Column 4 (pay band
and Grade pay/pay scale) it is mentioned that “The full Pay Band and Grade Pay/Pay Scale should be
indicated. Special pay or non practising allowance (in respect of medical posts), if any should also be
mentioned”
5. DoPT office memorandum No. AB.14017/13/2013-Estt.(RR) (1349) issued for “FAQ on Recruitment
Rules”
i. Recruitment Rules are subordinate legislation and so, they are statutory in nature. (point No. 1)
ii. Revision in the Recruitment Rules is made by way of amendment to incorporate changes due to
implementation of Central Pay Commission Report, modification of orders/ instructions on the
subject, creation/abolition of posts etc. during the intervening period. (point No. 5)
iii. Notification of Recruitment Rules contains the substantive rules which include the provisions related
to title, date of commencement, enabling provision for applicability of schedule, disqualification
clause, power to relax clause, saving clause and any other rule specific to a post viz. initial
constitution clause, liability for all-India Service etc. (point No. 17)
iv. If there are overriding compulsions for filling any Group-A or Group B post in the absence of
Recruitment Rules, then the Ministries/Department may make reference to Union Public Service
Commission for determination of method of recruitment as a onetime measure for filling up of a post
on regular basis. (point No. 39)
6. DoPT office memorandum No. AB.14017/61/2008-Estt.(RR) Dated 24-03-2009 regarding Sixth Central
Pay Commission's recommendations- revision of pay scales- amendment of Service Rules/Recruitment
Rules.
Consequential Changes of pay commission:-It is necessary to make consequential changes in the
Recruitment Rules/Service Rules so as to prescribe eligibility conditions with reference to the revised
Grade Pay/Pay scale. It is also necessary to review other columns of the Recruitment Rules/Service
Rules, where some minimum service in a particular scale/grade is prescribed for consideration for
appointment on deputation/absorption etc., keeping in view particularly the merger of a number of pre-
revised scales, upgradation of some scales and the consequential changes in the minimum eligibility
service in a grade.
Point 2 of this memorandum states that “The Recruitment Rules/Service Rules are of statutory nature.
Therefore, the changes brought out by other relevant instructions have to be incorporated m the
Recruitment Rules/Service Rules by suitable amendments so that the necessary steps like holding of
DPC etc. are taken to fill the post carrying the revised Grade Pay/Pay Scale on regular basis. All the
Ministries/Departments are, therefore, requested to effect necessary amendments to the Recruitment
Rules/Service Rules notified by them after following the normal procedure of furnishing proposals to the
Department of Personnel and Training and the UPSC in the format prescribed in the general guidelines
on Recruitment Rules circulated by the DOPT OM No. 14017/12/87-Estt. (RR) dated 18.3.1988, and also
in consultation with the Legislative Department.
7. DoPT office memorandum No. AB-14017/13/2016-Estt.(RR) Dated 25-07-2018 regarding Seventh
Central Pay Commission's recommendations- revision of pay scales- amendment of Service
Rules/Recruitment Rules.
8. BSNL HQ Circular No. 400-55/2016-Pers.I Dated 23-10-2019 states that “It is understood that revision
of pay scales when effectuated are universal and it brings changes in relevant RRs or promotion policies,
mutatis mutandis”

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9. The Rights of Persons With Disabilities Act, 2016
3. (1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to
equality, life with dignity and respect for his or her integrity equally with others.
3. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that
the impugned act or omission is a proportionate means of achieving a legitimate aim.
4. (1) The appropriate Government and the local authorities shall take measures to ensure that the women
and children with disabilities enjoy their rights equally with others.
20. (1) No Government establishment shall discriminate against any person with disability in any matter
relating to employment.
And section 75, 76, 77 and section 89 to 95 (offences and penalties)

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Rejoinder in BSNL HQ letter No. 5-21/2018/Estt-IV/PWD Dated 31-01-2018 (BSNL HQ reply to CCPD)
1. Reply of Para 2:- BSNL decided to fix the pay in revised E1 scale of Rs. 16400-40500 provisionally.
2. Reply of Para 3:-
i. Why JTO 2008 batch recruited in pre-revised pay scale of 9850-14600, when revision of pay scales
was notified by BSNL HQ on Dated 05-03-2009 and instructions were issued for fresh appointment in
revised pay scale E1 (16400-40500)?
ii. Why JAO 2010 batch recruited in E-1A (16400-40500), when revision of pay scales was notified by
BSNL HQ on Dated 05-03-2009 and instructions were issued for fresh appointment in revised pay
scale E1 (16400-40500)?
iii. When order for E1+5 increments issued by BSNL HQ letter No. 1-29/2010-PAT (BSNL) Dated 03-
01-2012 for JTOs/JAOs recruited in JTO-2007 batch, JTO-2008 batch and JAO-2010 batch;
recruitment of JTO SRD-2010 batch was completed and recruitment of JTO SRD-2011 batch was
also initiated.
Then why special treatment (grant of E1+5) was given to JTO 2008 batch and JAO 2010 batch?
iv. After revision of pay scales on Dated 05-03-2009 and notification of new recruitment rules for JTO
on 14-10-2015 and pay scale of JTO is modified to E1. Why the notification of JTO-2019 batch (SRD
for SC, ST and OBC) issued in revised E-1A scale?
3. Reply of Para 4:-
Why JTOs recruited through SRD for PwD are not extended the benefit of E1+5, when they were also
recruited through same recruitment rules and against the same vacancy year? Why only PwD JTOs are
being discriminated on pay scales?
4. Reply of Para 5:-
DOT approved the pay fixation of all JTOs/JAOs on pay scale 1885-40500 recruited up to issue of DOT
presidential order Dated 28-03-2017 and only new appointment after Dated 28-03-2017 are to be carried
out in E1 scale (16400-40500).
5. Reply of Para 6:-
There should be equal cadre equal pay principle (same work same pay), pick and choose method may be
not used for pay fixation. Specially discrimination of PwD employees should be done by violation of
many rules and laws.
6. Reply of Para 7:-
DOT vide PO dated 28-03-2017 has approved the pay scale of E1 (16400-40500) only for new
appointments to the cadre after issue of DOT PO (i.e. 28-03-2017), but all JTOs recruited through SRD
for PwDs were appointed before issue of DoT PO and are eligible for the benefit of 5 increments in E1
scale. So E1+5 may also be extended to PwD JTOs.
7. Conclusion:- After revision of pay scale of JTO/JAO to E1 scale on 05-03-2009, recruitment of JTO-
2008 batch on pre-revised scale 9850-14600 and JAO-2010 batch on revised E-1A scale clearly shows
the malafide intention of BSNL management for only discrimination of JTOs recruited through SRD for
PwDs.

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Rejoinder in BSNL HQ letter No. 1-03/2018-PAT (BSNL)/Pt. Dated 16-05-2019 (BSNL reply to PMOPG
grievance)
1. Reply of Para 1:-
i. Why JTO 2008 batch recruited in pre-revised pay scale of 9850-14600, when revision of pay scales
was notified by BSNL HQ on Dated 05-03-2009 and instructions were issued for fresh appointment in
revised pay scale E1 (16400-40500)?
ii. Why JAO 2010 batch recruited in E-1A (16400-40500), when revision of pay scales was notified by
BSNL HQ on Dated 05-03-2009 and instructions were issued for fresh appointment in revised pay
scale E1 (16400-40500)?
iii. Pay scales are not decided on the basis of profit and loss to the cadre, these are decided from
Recruitment Rules, Govt./DoPT guidelines and many laws. Pay scales are universal in nature for any
cadre.
2. Reply of Para 2:-
i. It is mentioned in Para A (iii) of DoT office order No. 61-2/2016-SU Dated 28-03-2017 that “with
immediate effect, new appointment to the cadre by direct recruitment or by promotion shall be in the
E1 IDA scale 16400-40500”
ii. It is clear from above point that JTOs/JAOs recruited till the date of DoT PO (i.e. 28-03-2017) are to
be fixed in the scale of 18850-40500 as personal to the incumbent.
3. Reply of Para 3:-
i. When JTOs/JAOs recruited through general/normal recruitment are allowed E1+5 even after revision
of pay scales on dated 05-03-2009, then why E1+5 can’t be allowed to JTOs recruited through SRD
for PwDs.

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