UNION OF INDIA (UOI), REPRESENTED BY ITS SECRETARY TO MINISTRY OF INFORMATION AND B. CASTING, THE CHIEF EXECUTIVE OFFICER, PRASAR BHARATHI, THE DIRECTOR GENERAL DOORDARSHAN AND THE DIRECTOR, DOORDARSHAN KENDRA Vs. SRI. N. MANJUNATHA, S/O. LATE G

JUDGEMENT

(1.) THE correctness of the order dated 5 5 -2004 passed by the Central Administrative Tribunal. Bangalore, in Original Application Nos. 949/2003 and 235 -236/2004 is questioned in this writ petition.

(2.) THE respondents herein are working as Sound Recordists in Doordarshan which is under Ministry of Information and Broadcasting Government of India. The Government of India brought Assured Career Progression Scheme (ACP Scheme) providing for upgradation of pay of Central Government civilian employees twice in service - one alter completion of 12 years and another after completion of 24 yeans of service. When the respondent claimed the said benefit, the same was turned down by the petitioners. They approached the Central Administrative Tribunal (herein after called as 'Tribunal') seeking a direction to the petitioners herein to extend the said benefit under the (ACP Scheme). The Tribunal, by the impugned order, allowed the applications and issued a direction to the petitioners to the petitioners to consider the claim of applicant respondents. Being aggrieved by the same the present writ petition is filed.

(3.) LEARNED counsel Mr. Vishnu Bhat for the petitioners submitted that if the benefit of ACP Scheme is granted to the respondents by way of financial upgradation it will create anomaly among the employees of the same cadre, which would be volatile of Articles 14 and 30(d) of the Constitution of India. He further submitted that the impugned order passed by the Tribunal on the basis of earlier Order of the Tribunal in O.A. No. 322/2001 decided on 5 -12 -2002, in the case Doordarshan Programme Professionals Union (Regd) and Anr. v. Union of India and Ors. O.A. No. 322/2001 is against the legal principles laid down by the Supreme Court.