The High Court dismissed two writ petitions challenging an Administrative Tribunal order requiring the Union of India to earmark vacancies for Cameraman Grade-I staff for promotion to Junior Time Scale Programme Officer. The Court held that statutory rules mandate this consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF FEBRUARY, 2021
PRESENT
THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE MR. JUSTICE V.SRISHANANDA
WRIT PETITION NO.15604/2019
C/W
WRIT PETITION NO.15596/2019 (S-CAT)
IN WRIT PETITION NO.15604/2019
BETWEEN:
…PETITIONERS
(BY SRI.M.VASUDEVA RAO, ADV.,)
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AND:
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ASST. DIRECTOR (P) (ADHOC) O/O. ALL INDIA RADIO COMPLEX RAJBHAVAN ROAD BANGALORE-560 001
… RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMON ORDER DATED 10.01.2019 IN O.A.NO.170/1456-1457/2018 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE PRODUCED AT ANNEXURE-C AND ETC.
IN WRIT PETITION NO.15596/2019
BETWEEN:
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S/O.RAJATADRI AGED ABOUT 60 YEARS ASSISTANT DIRECTOR (PROGRAMME) (ADHOC) O/O COMMERCIAL BROADCASTING SERVICE ALL INDIA RADIO
BANGALORE-560 001
BANGALORE-560 001
D/O.SRI.DR.S.R.KRISHNA MURTHI AGED ABOUT 55 YEARS ASST. DIRECTOR (P) (ADHOC) O/O. ALL INDIA RADIO COMPLEX RAJBHAVAN ROAD BANGALORE-560 001
BANGALORE-560 001
… RESPONDENTS
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O.A.NO.170/1719/2018 AND PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE, PRODUCED AT ANNEXURE-C AND ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, THIS DAY SATISH CHANDRA SHARMA J., PRONOUNCED THE FOLLOWING:
ORDER
Regard being had to the similitude in the controversy
involved in the two cases, they were heard analogously together and a common order is being passed.
Both petitions are arising out of the impugned order dated 10.01.2019 passed in O.A.No.170/01456-01457/2018 and O.A.No.170/1719/2018 by the Central Administrative Tribunal (for short ‘Tribunal’), Bangalore Bench, Bangalore.
Respondents-1 and 2 who were on the post of Cameraman Grade-I in Doordarshan have filed Original Application praying for issuance of an appropriate order directing the respondent-Union of India to consider their case for promotion to the post of Junior Time Scale (JTS) of IB(P)S. The following reliefs were sought in the Original Application, which read as under:
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(i) To restrain the respondents from promoting the ‘Programme Executives’ to fill up the posts of JTS of IB(P)S without including the Cameraman Grade-I in pursuance of the order dated 24.08.2018, issued by the respondent No.3.
(ii) Direct the respondents to ascertain the vacancies in the cadre of Junior Time Scale of IB(P)S and the vacancies to be earmarked for Cameraman Grade-I for encadrement as per the Recruitment Rules of 1990 and consider the applicants for JTS Post.
Grade-II initially were promoted to the post of Cameraman Grade-I on 16.07.2012 and 21.06.2017 respectively, in Doordarshan. They had possessed the qualification of Diploma in Cinematography. Based on the recommendation of the 5th Central Pay Commission (CPC), the Government vide order dated 06.02.1998 had revised the scale of pay for Cameraman Grade-I from Rs.2375-3500 (Group ‘B’) to Rs.8000-13500 (Group ‘A’). It was also decided to encadre the Cameraman Grade-I in Indian Broadcasting (Programme) Service (for short ‘IB(P)S)’) at Junior Time Scale level. The Director General (Doordarshan) Prasar Bharati Broadcasting Corporation of India has been advised to take into account the recommendations of
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the 5th CPC while framing regulations for the programme service of Prasar Bharati vide order dated 20.09.2000. The dispute raised before the Tribunal is in respect of consideration of promotion of Cameraman Grade-I in the pay scale of Rs.2375-3500 of two years of regular service for the purpose of promotion to the JTS specially earmarked for Programme Officer in the pay scale of Rs.2200-4000.
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have also stated before the Tribunal that despite there being a direction of the CAT by its order dated 08.07.2015, the Union of India has passed an order on 30.11.2015 holding that earmarking of the vacancies of Programme Officer (Cameraman) from among the Cameraman Grade-I with two years regular service for their inclusion in feeder category for the post of JTS under IBPS is not feasible and encadrement of the applicants into IBPS cannot be acceded to. Being aggrieved, the applicants therein approached the CAT, Principal Bench, filed a contempt proceedings i.e., CP No.636/2015 and the CAT, Principal Bench, vide order dated 01.12.2015 has disapproved the stand taken by the Union of India and granted liberty to reconsider the matter in the light of the Recruitment Rules as well as the order of the Tribunal. The Union of India, being aggrieved, preferred a writ petition before the Delhi High Court in W.P.No.(C) 670/2016. The Delhi High Court disposed of the said writ petition with a liberty to the employees to challenge the order passed by the CAT, Principal Bench, dated 30.11.2015.
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though they were working as Cameraman (Grade I) with two years of regular service.
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separate category and the posts of Video Executives, Cameraman Grade-I and Cameraman Grade-II continued to be governed by the Doordarshan Programme (Technical Camera) Group ‘A' and Group B Recruitment Rules 1987, notified on 12.10.1987.
8. “We have gone through the main contentions of the applicants and reply of the respondents in detail. The main relief sought by the applicants is for ascertaining the vacancies in the cadre of Junior Time Scale (JTS) of IB(P)S and the vacancies to be earmarked for Cameraman Grade-I as per the recruitment rules of 1990 so as to consider them for the JTS level posts and to restrain the respondents from promoting the Programme Executives to fill up the posts of JTS of IB(P)S without including the Cameraman Grade-I. The issue has been comprehensively dealt with by the Principal Bench of CAT in OA.No.1895/2016 vide order dtd.25.09.2018. The details of the issue at stake are succinctly reproduced in the order of the Hon’ble Principal Bench of CAT which we reproduce below:
“The applicants held the post of Cameraman Grade-I in Doordarshan. They approached this Tribunal by filing O.A. No. 1176/2013 with a prayer to direct the respondents to implement the Indian Broadcasting (Programme) Service Rules, 1990 in true spirit, in respect of the post of Cameraman Grade-I, to re-designate the post of Cameraman Grade-I as Programme Officer and to include them in the Indian Broadcasting (Programme) Service. Their contention was that the post of Cameraman Grade-I carried the
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pay scale of Rs.2200-4000, which is the same, as that of Junior Time Scale Programme Officer of the Programme Production Cadre of the IB (P) Service and there was no justification for not merging the post of Cameraman Grade-I, into that cadre. Their further plea was that under the service rules for promotion to the post of Junior Time Scale Programme Officer, the Cameraman Grade-I with two years of service is treated as one of the feeder categories but, there was no opportunity for them on account of not earmarking vacancies for their cadre.
2. The O.A was disposed of on 08.07.2015 with a direction to reconsider the entire issue and to earmark the vacancies of Programme Officers (Cameraman) for the Cameraman Grade-I with two years regular service and to consider the cases of the applicants with others; and to extend the consequential benefits.
3. The respondents passed a detailed speaking order dated 30.11.2015 refusing to accede to the request of the applicants. A Contempt Petition was filed and it was closed leaving it open to the applicants to challenge the said speaking order. Hence this O.A.
4. The applicants contend that once there is a specific direction to earmark posts of Programme Officer (Cameraman) for Cameraman Grade-I, there was absolutely no basis for refusing to accede to the request of the applicants through the speaking order.
5. The respondents filed a detailed counter affidavit and other supporting documents. According to them, Cameraman Grade-I happens to be a feeder category for the post of Video Executive and question of its being treated as part of the Indian Broadcasting Programme Service does not arise. It is also stated that over a period,
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several developments have taken place on account of which, the necessity to earmark posts of Programme Officers in favour of Cameraman Grade-I ceases to exist. Other contentions of the applicants are also dealt with. 6. Heard Mr. S. S. Mishra, learned counsel for applicant and Mr. G. S. Virk, learned counsel for respondents.
7. The operative part of the order passed by the Tribunal in the O.A reads as under :-
“10. We, therefore, dispose of this OA with a direction to the respondents-Ministry of Information and Broadcasting to re-consider the matter in the light of the aforesaid provisions of the Recruitment Rules and to first of all earmark the vacancies of Programme Officer (Cameraman) from among the Cameraman Grade-I with two years regular service for their inclusion in feeder category for post of Junior Time Scale Programme Officer under the IB(P) S. If the applicants are found eligible, they shall be given the consequential benefits. The aforesaid directions shall be complied with, within a period of two months from the date of receipt of a certified copy of this order. There shall be no order as to costs.”
8. In compliance to this, a speaking order dated 30.11.2015 was passed. It runs into several pages. Para 16 thereof indicates the conclusion arrived at by the respondents, and reads as under :-
“Now, therefore in compliance of the order dated 08.07.2015 of Hon’ble CAT, Principal Bench, New Delhi in the instant case, the matter has been reconsidered in consultation with Prasar Bharti and
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the fact that Schedule-VII of IBPS Rules providing that the posts of Video Executive will maintain their separate entity and will be filed up from the respective feeder grade (i.e Cameraman Grade-I) until they are merged at the stage of 37005000 (i.e JAG level IBPS) is being followed in letter and spirit and taking into consideration the other facts mentioned above, it has been decided that earmarking of the vacancies of Programme Officer (Cameraman) from among the Cameraman Grade-I with 2 years regular service is not feasible. It has also been decided that the request of the applicants for redesignating the posts of Cameraman Grade-I as Programme Officer and encadrement of applicants into IBPS cannot be acceded to.”
9. To understand the entire scenario, it is necessary to refer to certain basic facts. The Indian Broadcasting (P) Service is a separate cadre by itself and it comprises of as many as five Grades in all, which are as under :-
| Sl. No. |
Grade | All India Radio |
Door dars han |
Scale of Pay |
|---|---|---|---|---|
| 1 | Senior Administrative Grade Deputy Director General (Management) |
10 | 11 | Rs.5900-200- 6700 |
| 2 | Junior Administrative Grade (Selection Grade) Senior Director |
- | - Rs.4500-150- 5700 |
|
| 3 | Junior Administrative Grade Director/Controller |
44 | 15 | Rs.3700-125- 4700-150- 5000 |
| 4 | Senior Time Scale Deputy/Deputy Controller |
130 | 32 | Rs.3000-100- 3500-125-4500 |
| 5 | Junior Time Scale Programme Officer |
144 | 37 | Rs.2200-75- 2800-EB-100- 4000 |
| Total | 328 | 95 |
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| 5 | Junior Time Scale Programme Officer Rs.2200-75-2800- EB-100-4000 |
50% by promotion and 50% by direct recruitment in accordance with sub rule 2 of rule 7 |
The following categories of staff with three years regular service in the grade will be eligible 1.Producer Selection Grade) 2.Producer 3.Producer Grade II 4.Translator 5.Editor 6.Editor (Scripts) 7.Reference Officer Like wise cameraman Grade I in the pay scale of Rs.2375- 3500 with two years service will be eligible against the vacancies specifically earmarked for programme officer (Cameraman) |
|---|
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27.06.2003. WP (C) No. 19717/2004 preferred against the Tribunal’s aforementioned order was also dismissed by the Hon’ble Delhi High Court on 28.03.2008.
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period of three months from the date of receipt of a certified copy of this order.”
9. With regard to the exercise now undertaken by Prasar Bharati as atAnnexure-A9, for promotion to the post of JTS of IB(P)S against the vacancies from 2000-2001 to 2017-2018, the respondent organisation intends only to consider Programme Executives with 3 years of regular service and the applicants in this OA are not considered for this exercise. As already noted, the Hon’ble CAT, Principal Bench has directed the respondents to deal with the entitlement of the applicants namely Cameraman Grade-I to be considered for the post of Programme Officer (Cameraman) in the light of para-5 of Schedule V of Indian Broadcasting (Programme) Service Rules. The said Rules do have a provision for earmarking of vacancies specifically for Programme Officer (Cameraman). It is to be noted that the JTS Programme Officer vacancies to be filled up as per Annexure-A9 have the same pay scale which the Cameraman Grade-I have already been given. Therefore, while considering the promotional aspects of Programme Executives who are in Group-B and in a pay scale one level below that of Cameraman Grade-I, it defies logic as to why the respondents cannot earmark certain posts for the Cameraman Grade-I as already provided in IB(P)S Rules 1990 which admittedly are still in existence. After all the litigations, the respondents would now claim in their reply in para11 that the Ministry of Information and Broadcasting is in the process of carrying out amendments in IB(P)S Rules1990 by removing the clauses of the recruitment rules that have become redundant (including those related to Cameraman). The main plea of the respondents has all along been that the Cameraman Grade-I did not have any right for automatic encadrement of IB(P)S Rules since they are already a feeder category to the posts of Video Executives and along with Senior Time Scale employees on the Programme side, they will also be merged with the same at the level of Junior Administrative Grade of IB(P)S. This does not mean that the applicants are not eligible for the vacancies of JTS Programme Officers based on the number of vacancies earmarked for them as already provided in the service rules. In fact, contrary to the respondents’ claim, the said rules in note-(iii) of Schedule-VII specifically state that the
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number of posts of Cameraman to be included in the Junior Time Scale of Programme Productions Cadres of Doordarshan will be decided separately. Therefore, the claim of the respondents in para-5 of their reply that since Cameraman Grade-I have the pay scale of Rs.2375-3500 (at the time of notification of IBPS Rules), IBPS Rules do not intend to make Cameraman Grade-I as the feeder cadre for Junior Time Scale Programme Officer posts cannot be accepted since the request of the applicants is for earmarking certain posts in the JTS Programme Officer level for Cameraman Grade-I and nowhere has any request been made for considering them as feeder categories since they already are in that pay scale level. All along, the Cameraman Grade-I have been considered to be one of the categories of the staff eligible to be entered into the IB(P)S and any amendment to the rules which the respondents are contemplating can have only prospective effect and not retrospective effect as has been held in a number of cases.
arguments canvassed by learned counsel for the petitioners-
Union of India as well as learned counsel for the respondents
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and has also gone through the judgment delivered by the Tribunal.
Recruitment Rules reads as under:
| Metho grade cadre |
d of recruitment fil for appointment o of the Indian Broad |
SCHED ed of promotion and f officers on promotio casting (programme) s |
_ULE-V _ minimum qualifying service in the next lower n to duty posts in the programme production ervice |
|---|---|---|---|
| Sl. No. |
Grade | Method of recruitment |
Field of selection and the minimum qualifying service |
| (1) | (2) | (3) | (4) |
| 1 | Senior Administrative Grade Deputy Director (Production) Rs.5900-6700 |
By promotion by selection |
Officers with 8 years regular service in the Junior Administrative Grade (including non- functional selection grade) or with 17 years’ regular service in Group ‘A’ post out of which at least 4 years’ regular should be in junior Administrative grade. |
| 2 | Junior Administrative Grade (Selection Grade) Director (Production) Rs.4500-5700 |
By appointment on the basis of seniority based on suitability taking into account the overall performance experience and other related matters. |
Officers in the Junior administrative Grade (Director) who have entered the 14thyear of group A service on the 1stJuly of the year with reference to the year of examination or initial recruitment to junior time scale group ‘A’. Note: The Junior Administrative Grade Offices who entered into the service other than by direct recruitment to junior time scale grade shall also be considered provided they are senior to the junior most officer who has become eligible for consideration to Junior Administrative Grade (Selection Grade) |
| 3 | Junior Administrative Grade Chief Producer Rs.3700-5000 |
By promotion by selection |
Officers in the senior time scale with five years of regular service in the grade in the medium in which the vacancy has arisen. |
| 4 | Senior Time Scale Executive Producer Rs.3000-4500 |
By promotion on seniority cum fitness basis |
Officers in Junior time scale with five years regular service in the grade in the medium in which the vacancy has arisen. |
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| 5 | Junior Time Scale Programme Officer Rs.2200- 75-2800-EB- 100-4000 |
50% by promotion and 50% by direct recruitment in accordance with sub rule 2 of rule 7 |
The following categories of staff with three years regular service in the grade will be eligible 1. Producer (Selection Grade) 2. Producer 3. Producer Grade II 4. Translator 5. Editor 6. Editor (Scripts) 7. Reference Officer Like wise cameraman Grade I in the pay scale of Rs.2375-3500 with two years service will be eligible against the vacancies specifically earmarked for programme officer (Cameraman) |
|---|
promotion of Cameraman (Grade-I) with two years of service for promotion to the post of JTS Programme Officer. However,
the vacancies are to be earmarked for the same purpose. It has been brought to the notice of this Court that the Union of India has initiated the process of promotion to the post of JTS of IB(P)S against the vacancies from the year 2000-2001 to 2017-2018 ignoring the claim of Cameraman (Grade I) for encadrement in IB(P)S. Under the Service Rules for promotion to the post of JTS Programme Officer, the Cameraman Grade (I) with two years of service is treated as one of the feeder categories and IB(P)S Rules 1990 are still in vogue.
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respondents-1 and 2 and other Cameraman (Grade I) who fall under Schedule V of IB(P)S Rules in S.No.5 under Column No.4 are certainly entitled to be considered for promotion to JTS Programme Officer who are having two years service against the earmarked vacancies.
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Sd/JUDGE
TL
3 issues framed by the court
Whether Cameraman Grade-I employees are entitled to be considered for promotion to JTS Programme Officer against earmarked vacancies under Recruitment Rules, 1990.
Whether the Union of India's direction by the Administrative Tribunal to consider Cameraman Grade-I for promotion should be interfered with in the writ petition.
Whether statutory Recruitment Rules governing promotion to Junior Time Scale Programme Officer mandate earmarking of vacancies for Cameraman Grade-I with two years service.
Colour shows how this judgement treated each authority
Union of India & Ors. v. E. Krishna RaoReferred¶14
Union of India & Ors. v. E. Krishna Rao & Ors.
1 provisions across 1 enactments
The Union of India
G. Suresh
G. Bhaskaran
Satish Chandra Sharma
V. Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
