K.T. KRISHNA KANTH Vs. UNION OF INDIA, PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA), CHIEF EXECUTIVE OFFICER AND STATION DIRECTOR

JUDGEMENT

(1.) WRIT petitioner is a person who is presently serving as Newsreader -cum -translator Grade -III on contract basis with Prasar Bharati. Petitioner has been agitating for securing certain benefits which are otherwise available to regular Government employees also functioning in the very institution. One such benefit sought for by the writ petitioner was extension of the benefit available under what is known as assured career progression scheme [for short 'ACP scheme'] to be put in place by the Central Government to provide some incentive to such of those persons who have been stagnated in the very post for long years without getting any promotion etc.

(2.) WRIT petitioner has contended that the contract artist like the petitioner is treated on par with the Government employee for several other service conditions and therefore sought for the benefit of extending the ACP scheme also to the petitioner. That having not been provided, the petitioner had approached the Central Administrative Tribunal, Bangalore Bench, Bangalore by filing original application No. 469/2009.

(3.) THE Tribunal which examined the cause of the writ petitioner found that the petitioner who had the option to get into the main stream had consciously and deliberately chose to remain an artist on contractual basis and was not willing to be considered as Government Servant even as per his option dated 22.5.1992 and therefore the petitioner cannot find fault later to a benefit which was otherwise available to regular employees also to be extended to him. Though the petitioner may be getting some benefit that are available to regular employee, it does not mean that the petitioner can lay claim for benefits that were given to regular employee and therefore rejected the same.