MARY JOHNY Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides. This appeal by special leave arises from the order dated 13/2/1995 passed by the central Administrative tribunal, Bombay bench in OA No. 547 of 1989.

(3.) The appellant is questioning her promotion and transfer from Doordarshan to Akashwani. According to the appellant, in the year 1976 when Doordarshan Kendra was separated from All India Radio (sound scheme) , she had opted to remain in Doordarshan Kendra. Consequently, she is governed by the instructions issued in the Manual by the Director General of Doordarshan Kendra. The State has relied upon the rules made under proviso to Article 309 of the Constitution, viz. , AIR (Group 'c' Posts) Recruitment (Second Amendment) Rules, 1988 which came into force w. e. f. 23-5-1988. Note (i) to Rule 2 provides thus: