DIRECTOR GENERAL Vs. K.WILSOON CAMERAMAN GRADE III

JUDGEMENT

(1.) The respondent applicants were persons who were appointed casually in the Doordarshan as Lighting Assistants. They continued for long as casual employees and were later granted the benefit of regularisation as per Ext.R1(b), the terms of which specifically indicated that such regularisation could be only to an available post. In 1992 when the scheme was framed, there was no post available. The applicants were send out of employment. Later it is stated that there were two posts created of Camera Man Grade III in 1995. The same was send for sanction and approval from the Central Government. The Central Government approved the creation of posts in 1997. Immediately thereafter, both the applicants were appointed on 03.09.1997.

(2.) The applicants before the Tribunal claimed regularisation with effect from their original appointment as casual labourers or from the time, the regularisation scheme was framed, ie., from 1992. The Tribunal confined the same from 1995, the year in which the posts were created to accommodate them. A Division Bench of this Court in this very writ petition upheld the order of the Tribunal. The Union of India took up the matter before the Hon'ble Supreme Court.

(3.) The Hon'ble Supreme Court observed that whether regularisaton has to be from the date of grant of sanction or from the date of availability of vacancies, requires to be considered in the light of Union of India and others v. K.K. Vadera(1989 Supp2 SCC 625). We have looked at the judgment in K.K Vadera. There the respondents contended that certain posts were created from July 1, 1984 to which they were entitled to be promoted. The actual promotions were carried out only from 16.10.1985. The claim before the Tribunal was that their promotion has to be from the date on which the posts were created in the higher cadre. The Hon'ble Supreme Court held so :