BHARAT SANCHAR NIGAM LTD. versus GHANSHYAM DASS AND ORS.

Citation: [2011] 4 S.C.R. 380 · Decided: 17-02-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
[2011] 4 S.C.R. 380 
BHARAT SANCHAR NIGAM LTD. 
v. 
GHANSHYAM DASS AND ORS. 
(Civil Appeal No. 4369 of 2006) 
FEBRUARY 17, 2011 
[R.V. RAVEENDRAN, P. SATHASIVAM AND A.K. 
PATNAIK, JJ.] 
• 
Service Law -
Promotion -
Department of 
C 
Telecommunications - Four grades of employees viz. Basic 
Grade, Grade II, Grade Ill and Grade IV - Biennial Cadre 
Review (BCR Scheme) - Order dated 07.07.1992 passed by 
Tribunal in O.A. No.1455 of 1991 filed by some Grade Ill 
officers, whereby the Government was directed to consider the 
D applicants in the 0.A. for promotion to Grade-IV on the basis 
of seniority in the basic grade as per the BCR Scheme -
Order dated 07.07.1992 attained finality - Entitlement of 
respondents to claim promotion to Grade-IV on the basis of 
their seniority in the basic grade in terms of the order dated 
E 07. 07. 1992 - Held: Not entitled - Respondents were not the 
applicants in O.A. No.1455of1991 and there was no direction 
to the Government to consider the respondents for promotion 
to Grade-IV scale on the basis of seniority in the basic cadre 
as per the BCR Scheme - The Tribunal had not directed in 
F 
its order dated 07. 07. 1992 that the benefits of the order would 
also be extended to those who had not approached the 
Tribunal - Since the respondents preferred to sleep over their 
rights and approached the Tribunal only in 1997, they cannot 
get the benefit of the order dated 07.07.1992 and will only be 
G entitled to the benefit of the circular dated 13.12.1995 which 
\WBB in force in 1997 - Vide circular dated 13.12.1995 the 
Government took a fresh decision in supersession of earlier 
instructions that promotion to Grade-IV may be given from 
amongr officials in Grade-Ill on the basis of their seniority in 
H 
380 
• 
BHARAT SANCHAR NIGAM LTD. v. GHANSHYAM 
381 
DASS AND ORS. 
the basic grade - Hence, the decision of the Government to 
A 
make promotions to Grade-IV on the basis of their seniority 
in the basic grade could take effect only from 13. 12. 1995 and 
not from a prior date - Respondents cannot claim any 
promotion to Grade-IV on the basis of their seniority in the 
basic cadre with effect from any date prior to 13. 12. 1995. 
B 
In the Department of Telecommunications of the 
Government of India there were four Grades of 
employees: Basic Grade Pay (Scale Rs.975-1660); Grade 
II (Pay Scale Rs.1400-2300); Grade Ill (Pay Scale Rs.1600-
C 
2660) and Grade IV (Pay Scale Rs.2000-3200). By circular 
dated 16.10.1990, the Government introduced a new 
Scheme known as 'Biennial Cadre. Review' (BCR 
Scheme) under which, those employees, who were on 
regular service and had completed 26 years of 
satisfactory service in the basic grades, if found suitable, 
D 
were to be upgraded in the higher scale. The circular 
dated 16.10.1990, however, limited such upgradation to 
10% of the posts in the lower pay-scale. 
Some officers of Grade Ill who were senior in the 
basic grade but had lost their seniority in Grade Ill 
because of their later promotions and who were not 
considered for upgradation to Grade IV under the BCR 
Scheme filed O.A. No.1455 of 1991 before the Central 
Administrative Tribunal. The Tribunal vide its order dated 
07.07.1992 directed that promotions of 10% posts in the 
scale of Rs.2000-3200 (Grade IV) would have to be based 
on seniority in the basic grade subject to fulfillment of 
other conditions in the BCR Scheme and further directed 
E 
F 
the Government to consider the applicants in the O.A. 
G 
from due dates with consequential benefits. In the order 
dated 07.07.1992, the Tribunal, however, observed that 
employees who may be senior to the applicants in the 
O.A. in the scale of Rs.1600-2660 (Grade Ill) and who may 
have already been given the scale of Rs.2000-3200 
H 
382 
SUPREME COURT REPORTS 
[2011] 4 S.C.R. 
A (Grade IV) at the cost of those who were senior in the 
basic grades by any different interpretation of the BCR 
Scheme, may in the discretion of the Government instead 
of being reverted, be considered for promotion to scale 
of Rs.2000-3200 (Grade IV) by suitable adjustments in the 
B number of posts by upgradation as necessary. 
The Government challenged the order dated 
07.07.1992 of the Tribunal in Civil Appeal No.3201 of 1993 
but by order dated 09.09.1993 this Court dismissed the 
appeal. Pursuant thereto, supernumerary posts were 
C created in the scale of Rs.2000-3200 (Grade IV) to adjust 
the employees who had already been given the scale
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