UNION OF INDIA REP Vs. G K MURTHY

JUDGEMENT

(1.) The writ Petition is filed by the Central Government challenging the order passed by the Central Administrative Tribunal in O.A. 229 of 2001 dated 1-4-2003. The respondents are the applicants before the Tribunal. Respondent 1 and 2 are working as Edit Supervisors and respondents 3 to 7 are working as Film Editors in Doordarshan Kendra. They approached the Tribunal challenging the Office Memorandum No. 608/2/2000/TV(A), dated 28-3-2000 issued by the Union of India, Ministry of Information and Broadcasting as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and for further declaration that they are entitled for the same scale of pay as that of their counterparts in Films Division namely Editors and Chief Editors in the Films Division and non-payment of the same is discriminatory and violating of Articles 14,16 and 21 of the Constitution of India.

(2.) The respondents-employees were initially appointed as Staff artists in the category of Film Editors and are at present working as Film Editors / Video Editors and Edit Supervisors in Doordarshan Kendra, Huderabad. The initial appointment was made on contract basis, but subsequently they were appointed upto the age of 58 to 60 years. However, by virtue of judgment of the Supreme Court in Y.K.Mehta and others v. Union of India they were also treated as government servants and appropriate pay scales were fixed. However, we are not much concerned with that conclusion in the decision as referred to therein as the parity scale considered wad with reference to the posts of cameraman and Assistant Cameraman.

(3.) The respondents in the post of Edit Supervisor have been drawing pay scale of Rs.2000/- to 35007-, while the Film/ Video Editors were drawing pay scale of Rs. 14007- to 2500/-. It is their case that they are discharging the same functions and duties as that of their counterparts in Film Division. The post equivalent to Edit Supervisor in Doordarshan is Chief Editor in Film Division, which is carrying pay scale of 2375/- to 3500/-while the equivalent post to film/video editor is editor in Film Division, which carries pay scale of 2000/- to 3200/- and therefore, they are entitled to parity of scale on par with that of their counterparts in Film division. When they approached the Tribunal on earlier occasion, the O.A. was disposed of with a direction to consider their case keeping in view of the recommendations of the High Power Committee and pass appropriate orders. It appears that the Government of India referred the matter to the High Power Expert Committee to study the issue and to submit recommendations. Finally, the High Power Committee constituted by the Ministry of Information and Broadcasting has gone into the aspect and recommended various scales of pay to 32 categories of posts pertaining to supervisor side in Doordarshan. In the summary of recommendations in respect of posts of 8 and 9 concerning the Edit Supervisors and Film Editors, the Expert Committee recommended the pay scale 2375/- to 3500/- and 2000/- to 3200/- respectively. However, the recommendations of the Committee were considered by the Government of India and it passed Office Memo dated 28-3-2000 refusing to accept the recommendation in respect of 7 categories of posts including Edit Supervisor and Film Video Editor with which we are concerned. Aggrieved by the said order of the Government, the petitioners filed the O.A. before the Tribunal.