UNION OF INDIA Vs. P D SHARMA

JUDGEMENT

(1.) Union of India has filed this writ petition impugning judgment and order dated 11.7.2001 passed by Central Administrative Tribunal, Principal Bench, New Delhi thereby allowing OA.1486/98 filed by the respondents herein. The facts are in narrow compass which may first be recapitulated.

(2.) When Doordarshan was initially started as part of All India Radio, services of various categories of employees were initially taken on contract basis. These included Sound Recordists and Lighting Assistants. They were not given regular pay-scales which were given to their counter-parts in the Film Division under the same Ministry, namely, Ministry of Information and Broadcasting. They approached Supreme Court by filing various Civil Writs, leading case being filed CWP. No.240/89. These writ petitions were allowed vide judgment dated 12.4.90 which is reported as Y.K.Mehta and others Vs. Union of India and another AIR 1988 SC 1970. The Supreme Court found that although these persons were initially appointed on contract basis subsequently the Staff Artistes were being appointed up to the age of 55-60 years on a time scale like a regular Government servant and indeed, they possessed all the criteria of a Government servant. Relying upon its earlier judgment in the case of Union of India Vs. M.A. Chowdhary AIR 1987 SC 1526 wherein the Court had held that Staff Artistes of All India Radio were holding civil posts under the Government, it held that there was no distinction between the Staff Artistes of All India Radio and those in the Doordarshan. Thus the Court declared these Staff Artistes of Doordarshan as Government Servants. The Court also concluded that they were performing the same duties as performed by their counter-parts in the Film Division and, therefore, they were entitled to the same scales of pay as their counter-parts in the Film Division.

(3.) After this judgment Government passed order dated 11.5.88 giving the benefit of pay-scale of Rs.550-900 to the Sound Recordists in Doordarshan.'