S D SHASTRI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition the petitioner seeks to quash the judgment dated April 9, 2002 of the Central Administrative Tribunal, Jaipur Bench (in short CAT Jaipur) with the further prayer that the respondents be directed to implement the directions of the Hon'ble Supreme Court issued vide order dated July 30, 1999 and promote the petitioner to Junior Time Scale (in short JTS) grade of Indian Broadcasting Programmes Service (in short IBPS) against the vacancy of 1988-89 or 1989 w. e. f. June 91. Direction in regard to consequential promotion to Senior Time Scale (in short STS) grade of IBPS w. e. f. March, 1997, arrears of salary w. e. f. June, 1991 and compensatory costs has also been sought.

(2.) CONTEXTUAL facts depict that the petitioner was selected by the Union Public Service Commission (in short UPSC) for the post of Programme Executive (Hindi spoken word) and he was figured amongst the toppers in the batch of 1977. The petitioner joined his duties on Feb. 16, 1978 at All India Radio Jaipur. Prior to joining the AIR he had qualification of 2 Master Degrees i. e. Acharya (Ist Class) and M. A. in Philosophy (Ist Class first ). Additionally he had degree of Visharad in Hindi and had worked for more than 3 years for Ph. D. under Junior Research Fellowship awarded by UGC. The probationary period of the petitioner was also completed as usual. Thereafter he had been promoted on adhoc basis as Assistant Station Director (in short ASD) with effect from Jan. 13, 1999. The petitioner averred in the writ petition that he should have been promoted to the next post of ASD after qualifying service of five years but because of the respondents unusual activities, the turn of his promotion did not come till 1990. In the meantime the Government of India had approved the constitution of Indian Broadcasting Programme Service (IBPS) in January 1985, which was notified and implemented on November 5, 1990. This service has four cadres i. e. (1) Programme Management Cadre of All India Radio (2) Programme Production Cadre of All India Radio (3) Programme Management Cadre of Doordarshan and (4) Programme Production cadre of Doordarshan. The first grade of this service is Junior Time Scale corresponding to the post of Assistant Director in the pay scale of Rs. 2200-4000 now revised as Rs. 8000-13500 and the Feeder Cadre of the same is the post of Programme Executive / Producer. After the implementation of the IBPS, the first promotion made by the respondents was in June 91 (DPC held in May 91) in which 45 Programme Executives and 24 Producers were promoted as Assistant Station Director in JTS grade and they were subsequently appointed in the four cadres of IBPS. The case of the petitioner was however deliberately kept in sealed cover as revealed lateron on the basis of contemplation of disciplinary action, which was kept pending for about four years even without informing the petitioner. Thereafter also he was deprived of this promotion on false plea. As and when it was anticipated that the petitioner would be promoted in future, the sealed cover procedure was engineered, without chargesheeting him and his promotion was denied on the basis of the same. Further even after opening of the sealed cover he was not granted promotion, though he was found fit under the non-selection method. In June 1993 some more Programme Executive & Producers were promoted on adhoc basis to the JTS grade of IBPS and 168 Programme Executive and 146 Producers were regularised respectively in July 1994 and July 1995. In the meantime the petitioner was informed regarding the disciplinary action contemplated against him and closing of the same through simple warning vide letter dated November 12, 1993. The petitioner filed OA No. 344/95 before the Central Administrative Tribunal Jaipur Bench (in short CAT Jaipur) seeking his promotion to JTS grade with effect from June 1991 with consequential promotion to STS grade and arrears of salary along with other relief in the month of August 1995. The CAT Jaipur dismissed the said OA on July 31, 1996 holding that the method of promotion from June 91 onwards was selection (seniority cum merit ). The Ernakulam bench of Central Administrative Tribunal had however held on December 9, 1996 that the method of promotion was non selection (seniority cum fitness ). In the meantime the SLP filed by the petitioner before the Hon'ble Supreme Court being SLP No. 17189/96 was dismissed on September 16, 1996.

(3.) THE petitioner thereafter filed the O. A. before CAT Jaipur which was dismissed on April 9, 2002 on the ground that it was barred by limitation and suffered from constructive resjudicata. Against this finding of CAT Jaipur that the action for filing the instant writ petition has been resorted to by the petitioner.