UNION OF INDIA Vs. ANUP KUMAR ROY

JUDGEMENT

(1.) Union of India calls in question legality of the judgment rendered by a Division Bench of the Guwahati High Court dismissing the writ petition filed by the appellant. In the Writ Petition challenge was made to the legality of the order passed by the Guwahati Bench of the Central Administrative Tribunal, Guwahati Bench (in short the CAT).

(2.) The controversy lies within a very narrow compass.

(3.) The respondent was working as Transmission Executive in the Broadcasting Ministry of the Government of India. In November 1997, All India Radio was a part of the Ministry of Broadcasting. The Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (in short the Act) was enacted providing for creation of a Corporation with effect from the appointed date which is 23.11.1997. The respondent took voluntary retirement on 31.7.1997. Section 11 of the Act provided that option is to be called for from the employees working in the Doordarshan and All India Radio as and when they opted for the transfer from the Central Government to Prasar Bharati. No final decision in these matters had been taken. With effect from 23.11.1997 some employees were deemed to be sent on deputation to Prasar Bharati. There were demands for higher scales of pay by some employees considering which Memorandum dated 25.2.1999 was issued. The respondent filed an application before the CAT claiming that he was entitled to the benefits flowing from the aforesaid Memorandum dated 25.2.1999. The respondent in the original application i.e. present appellant took a positive stand that benefits flowing from the Memorandum dated 25.2.1999 issued by the Government of India, Ministry of Information and Broadcasting was available to only those who were working on the date of the Circular. During the hearing of the Original Application before the CAT several orders passed by various Benches of CAT taking similar view were placed for consideration. It was clearly held that persons similarly situated as respondents were not entitled to the benefits flowing from the Memorandum dated 25.2.1999. By its impugned judgment dated 20.12.2002 the Guwahati Bench held that the applicant who was in service till 1997 was entitled to the benefits mentioned in Clause (iv) of para 2 of the Memorandum dated 25.2.1999.