Status on ITS repatriation case
at Hon Delhi HC:
At the very outset ASG representing UOI made submission before the Hon
bench that a proposal to repatriate unabsorbed ITS from BSNL /MTNL progressively
within a time span of 10 years is under the consideration of Group of
secretaries and that will very shortly send to the Union Cabinet. On this
submission of ASG, Hon Bench observed that "We are not concerned with what cabinet is to decide and the
10 year time period is absurd". Our Counsel informed the Hon bench that last time the plea of
BSNL / MTNL to grant extension of 25 months was rejected by the bench and this
time they are asking time for 10 years. At this the Hon bench observed “even now we will reject it”.
Counsel for the respondents (ITS) submitted that they have to be
formally relieved from BSNL/MTNL immediately ending “deemed deputation” and
thereafter they can be taken back to BSNL/MTNL on “deputation” which is legal.
This is strongly opposed by our counsel quoting the DOP&T OM
which strictly forbidden such deputation. Hon Court also observed that “this is nothing but the present
situation going on” thereby ending the possibility of their entry through back door on
deputation.
Finally Hon bench directed Counsel
for UOI, BSNL/MTNL to relieve all unabsorbed ITS by 15th Dec failing
which UOI should submit a detailed proposal. The case is posted for 18th
Dec:’12.
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