F.Shaheryar and Anr v. Ministry of Information and Broadcasting Through Secretary and Ors

S. RAVINDRA BHAT, J (JUDGE) NAJMI WAZIRI, J (JUDGE) SEPTEMBER 19, 2013 'sn'

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 19.9.2013 + WP(C) NO. 6598/2011 CM NO.6841/2013 (for modification /stay) F.SHAHERYAR & ANR. ..... Appellants Through: Mr. Apurb Lal, Advocate versus MINISTRY OF INFORMATION & BROADCASTING THR. SECRETARY & ORS. ..... Respondents Through: Mr. Rajeeve Mehra, ASG with Mr. R.Mishra, Advocate AND WP(C) NO. 5388/2012 DIRECTOR GENERAL, AIR & ORS. ..... Appellants Through: Mr. S.M.Arif, Advocate versus VINAY KUMAR JAIN AND ORS. ..... Respondents Through: Mr. A.K.I. Behera, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S.RAVINDRA BHAT(Open Court) 1. The present petitions are directed against an order of the CAT dated 6th May, 2011 in O.A. No. 136 of 2012, the effect of which was to direct extension of regular benefits to the respondents/applicants. 2. The Central Government has preferred a writ petition bearing WP No.5388/2012 against the impugned orders whereas the private respondents in the proceedings before the CAT have preferred W.P.(C) No.6598/2012. 3. The brief factual background is that the applicants and the private respondents were working in the Information & Broadcasting Ministry, in the All India Radio, in three Wings, i.e. Ministerial, Production and Central Information Service. In terms of a Scheme dated 18th June, 1982, options were sought from non-performing cadres (termed so because they were not artistes or "performers") to be treated as Government servants on regularization in Group A posts after being duly screened by a Committee in consultation with the UPSC. The applicants opted for regularization in the regular civil cadre in Group A and fixation of inter se seniority. Their requests remained pending with the Government. Other regularized staff in the Production Wing such as the Chief Producer, Deputy Chief Producer and Producer in the Indian / Foreign Language of the services were duly incorporated in regular production cadres. The applicants were informed in November, 1989 that Supervisors (Foreign Language) did not fit into the Programme Management category and could therefore not be extended the benefit given to the others cadres Consequently, they moved the CAT by filing OA No.2036/1990. That application was allowed on 17th January, 1992 with a direction that since duties and responsibilities attached to the post of Supervisors (Foreign Language) were in no way inferior to those shouldered by the encadred Programme Officers of the equivalent rank in the Indian Broadcasting (Programme) Service, the applicants were also to be treated equally by providing for encadrement. Thereafter, it appears from the records that several attempts were made towards that end. One Original Application No.635/2002 was pending; it was disposed off in view of the order made by Central Government on 11th September, 2007 which sought to grant certain benefits to them. That order reads as under:- "Subject: Encadrement of Supervisors (ESD) into regular Programme Cadre (Group A) of AIR and subsequently into IB (P) S." Reference Prasar Bharti's Note No. A-10/76/07-PPC dated 25.05.2007 on the above mentioned subject. 2. The proposal of Prasar Bharti for encadrement of the Supervisors (Foreign Language) in ESD of AIR, who have been declared Govt. Servant in pursuance to the Govt. Of India's scheme circulated vide letter No.45011/26/80-B (A) dated 3.5.1982, into regular Programme Cadre (Group A) of AIR and their subsequent induction into Indian Broadcasting (Programme) Service has been examined and the competent authority has approved the following: (a) The present four Supervisors vis. S/Shri Bodhisri Shastri, R.L.Malhotra, Vijay Kumar and V.K.Jain may be encadred into the regular Programme cadre (Group A) of AIR. (b) Their pay scale fixed as per rules. (c) Their inter-se seniority may be fixed in accordance with Min. Of I&B office order No.11/88-B(A) dated 9/9/1988 and office order No.22/88-B(A) dated 6/12/1988 i.e. from the date