GYATI HANGU Vs. UNION OF INDIA

JUDGEMENT

(1.) By making this application, the petitioners, who have been working as Transmission Executives in different Tribal Dialects with the All India Radio at Itanagar, have approached this Court seeking issuance of appropriate writ/writs commanding the respondents, inter alia, to regularize their services as such Transmission Executives (Dialect):

(2.) The essential facts giving rise to this writ petition are not in dispute and may be, briefly, stated thus: The petitioners, who all are members of the Arunachal Pradesh Scheduled Tribes, were appointed on different dates on casual basis by the Station Director, All India Radio, Dibrugarh, as Transmission Executives in different Tribal Dialects. In course of time, when the Tribal Dialects Programme was shifted from All India Radio, Dibrugarh, to all India Radio, Itanagar, the petitioners were brought in the same capacity as earlier to Itanagar and were accordingly appointed, the dates of appointment of the petitioner Nos. 1 to 8being 16.2.1996,18.10.1994,1.5.1996, 13.9.1994,17.2.1991,6.6.1989,27.8.1996 and 8.10.1996 respectively on casual and contract basis. By letter, dated 21.9.1998, the respondent No. 5, namely, Station Director. All India Radio, Itanagar, requested the respondent No. 3, namely Director General, All India Radio, New Delhi, to regularise the casual services of the petitioners. The respondent No. 5 also informed vide his letter, dated 14.7.1999 to the respondent No. 3 that the Staff Selection Committee, Guwahati, had tendered their no objection certificate to the recruitment of Transmission Executives locally against the existing vacant posts of Transmission Executive in Arunachal Dialects Programme. By this letter, dated 14.7.1999, the respondent No. 5 also requested the respondent No. 3 to regularise the services of the petitioners. By his letter, dated 6.9.2000, the respondent No. 5 also sent to the respondent No. 3 applications submitted by the present petitioners seeking regularisation of their services indicating therein that vacancies to accommodate the petitioners existed with the All India Radio, Itanagar, Despite repeated representations made by the petitioners, the respondents have not regi slarised the services of the petitioners, though the petitioners were assured that their services would be regularized. There exists Recruitment Rules framed under Article 309 of the Constitution of India known as the All India Radio and Doordarshan (Transmission Executive) Recruitment (Amendment) Rules, 1994 (hereinafter referred to as" the Recruitment Rules of 1994"). These Rules have come into force with effect from 25.2.1994. Some of the petitioners fulfil the qualification required under the Recruitment Rules of 1994. As the petitioners have been working for the last 8/9 years as Transmission Executives in Tribal Dialects, they have acquired vast experience and knowledge in this field and in the interest of justice, their services ought to have been regularised by the respondents, particularly, because in the meanwhile some of the petitioners might have become- over aged to receive regular appointment. Under the All India Radio Manual if a person is engaged in the All India Radio services for more than 240 days continuously, his service has to be regularized.

(3.) The respondents have contested the case by filing their affidavit-in-opposition, their case being, briefly, stated thus: No assurance was ever given to the petitioners that their casual engagement would be regularized. The petitioners were initially engaged on casual basis and later on, they were engaged on contract basis. According to the relevant Recruitment Rules of 1994, the minimum qualification required is Graduate whereas 3 of the writ petitioners are not graduates and engagement of 1 out of the said 3 petitioners was after 31.12.1991 which is the cut-off date stipulated under the Scheme for regularization adopted by the Prashar Bharati in accordance with the judgment and order, dated 18.9.1992 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in Original Application No. 822 of 1991 (Sri Suresh Sharma & others versus Government of India & others). Though vacancies exist, the petitioners are not covered by the said Scheme and hence their services cannot be regularized. The respondents, therefore, submit that the petitioners have no case and the writ petition may be dismissed.