NATIONAL UNION OF ALL INDIA RADIO SANAULLAH KHAN Vs. UNION OF INDIA
LAWS(SC)-1990-4-53
SUPREME COURT OF INDIA
Decided on April 05,1990

NATIONAL UNION OF ALL INDIA RADIO,SANAULLAH KHAN Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

UNION OF INDIA VS. M A CHOWDHARY [REFERRED TO]





JUDGEMENT

Ranganath Misra, J. - (1.)These are applications under Article 32 of the Constitution. Petitioner No. 1 in the first Writ Petition is the National Union of All India Radio Staff Artists; petitioner No. 2 is an Announcer of the All India Radio and happens to be the General Secretary of the Union; petitioners No. 3 to 8 are an instrumentalist, a few news readers, announcers and the like. The petitioners in the other writ petitions are seven in number consisting of six announcers and a tanpura player connected with the All India Radio. According to the petitioners, the prevailing practice in All India Radio used to be to offer appointments to various people as Staff Artists at the first instance ordinarily for an initial term of three months and on completion of appropriate formalities appointments used to be offered for a term of three years on contract basis at a minimum monthly fee. After the expiry of the initial. period of two years out of the three years period of working which was considered as a period of probation, contractual engagement up to the age of 55 years was being made available. On selection, as alleged by the petitioners, Staff Artists used to be appointed to various positions like Announcer, News Reader, Conductor, Music Compere, Instrumentalist, Producer and Script Writer in the All India Radio or Producer, Production Assistant, Script Writer, Translator and General Assistant in Doordarshan.
(2.)In May, 1982 the respondent Union of India bifurcated the Staff Artists into two categories like:
(1) Staff Artists to be treated as artists; and

(2) Staff Artists to be treated as Government Servants.

(3.)This decision was conveyed in a letter dated 3-5-82 and opportunity to exercise option to everyone by the end of December, 1983 for final allocation to the two categories was provided. The letter stipulated that those of the Staff Artists who did not opt were to continue under the existing terms and conditions. The first writ petition was filed on 12th December, 1983, challenging the Government's order of 3-5-82 (Annexure 3) and for a direction to the respondents to treat the Staff Artists at par with regular Government servants and to restrain the respondents from enforcing their direction, for exercise of option.
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