D.Y. Chandrachud, J. - (1.) The appeals arise from a judgment of the High Court of Andhra Pradesh dated 20 March 2014. The High Court rejected a challenge to an order of the Central Administrative Tribunal (The "Tribunal") directing the appellants to provide to the Respondents all benefits of service and to consider their cases for promotions in accordance with the Indian Broadcasting (Programme) Service Rules 1990..
(2.) The First Respondent was engaged as a TV News Correspondent on contract for a period of five years on 6 August 1988. The second Respondent was engaged as a TV Assistant News Correspondent on contract on 12 August 1988. The Rules came into effect on 5 November 1990. They did not have a specific provision for the posts of TV News Correspondent and TV Assistant News Correspondent. The Rules define the expression 'departmental candidates' thus: "(c) "Departmental Candidates" means- "(i) Officers appointed on regular basis in consultation with the commission or on the recommendations of the Departmental Promotion committee, and who hold posts on regular basis or hold, lien in Group 'A' programme cadre of All India Radio and Doordarshan on the date of commencement of these rules and (ii)All officers appointed on regular basis to the post of video executive in Doordarshan in the pay scale of Rs.3000-4500;" Rule 6, which provides for the initial constitution of the service, reads thus: "6. Initial Constitution of the Service:- (1) Subject to the provisions of sub-rules (2), (3) and () all departmental candidates holding posts or regular basis in the scales of pay of Rs. 5900-6700, Rs.3700-5000, Rs.3000-4500 and Rs. 2200-4000 shall from the date of commencement of these rules, be deemed to have been appointed to the corresponding posts and grades in the Service. Provided that nothing in this sub-rule shall apply, to those Department Candidates who have been granted Selection Grade in the scale of Rs. 2200-4000. (2) (a) The Departmental Candidates referred to in subclause (i) of clause (c) of rule 2 shall be required to convey their options in writing for inclusion in any one of the four Cadres of the Service. (b) In the event of options not being received within the stipulated time, the Departmental Candidates shall be deemed to have opted in the respective cadre of the All India Radio or Doordarshan, as the case may be, where they are working. Provided that the Departmental Candidates referred to in sub-clause (ii) of clause (c) of rule 2 shall merge with the Programme Production Cadre of Doordarshan and will maintain their separate identity as indicated in Schedule VII. (3) (a) The commission shall constitute a Selection Committee with the Chairman or a Member of the Commission, as President and not more than three representatives of the appropriate status to be nominated by the Controlling Authority to consider all the options from the departmental Candidates referred to in sub-rule (2) and recommend the cadre and the Medium to which such Departmental Candidates may be appointed, and submit lists of officers considered suitable for such appointment to the Commission, which shall forward to the Controlling Authority its recommendations thereon. (b) The decision of the Controlling Authority in respect of appointments based on the recommendations of the Commission shall be final and such appointments shall be deemed to have been made with effect from the date of constitution of the Service. (c) After such departmental candidates have been so allocated to a particular Medium or a cadre thereof they will continue to serve in the cadre of that medium to which they have been so assigned: Provided that the commission may, while making such recommendations, in respect of Departmental candidates, referred to in sub-rule (2), include a recommendation that officers considered suitable for appointment to a grade shall, if sufficient number of vacancies are not available in that grade, continue to hold the post held by them before the commencement of these rules and for this purpose such posts shall be deemed to have been excluded from the service so long as such offices continue to hold the said posts. Explanation: The absence of a member other than the chairman or a Member of the Commission shall not invalidate the proceedings of the Selection Committee. (4) (a) Notwithstanding anything contained in rule 7, officers referred to in the proviso to sub-rule (3) shall be included in the Service when vacancies in the said grade are available. (b) Such persons who are included in the Service at a later date will rank en-bloc junior to the person inducted into the Service at the initial constitution. (5) Departmental Candidates who do not desire to be absorbed in the Service shall, within a period of three months from the date of commencement of these rules, communicate their decision in writing to the Controlling Authority and they shall thereafter and subject to the other provision of these rules be deemed to continue to hold the posts held by them immediately before the commencement of these rules, and for this purpose, such posts shall be deemed to have been excluded from the Service so long as they hold the said posts. (6) (a) The regular continuous service of Departmental Candidates prior to their appointment to the Service shall count for purposes of promotion and confirmation. (b) To the extent the controlling Authority is not able to fill the authorised strength of the various grades in the service in accordance with the provisions of this rule, the same shall be filled in accordance with the provisions of rule 7." Note 3 of Schedule I of the IBPS Rules is as follows: "Note 3, Schedule I of IBPS Rules "3) The number of posts sanctioned for various schemes after 1.1.1985 in All India Radio and Doordarshan will be deemed to have been included in the service and such posts will be added to the strength shown therein." The posts which have been specified in Schedule I together with their scale of pay are reflected in the following table : JUDGEMENT_90_LAWS(SC)9_2018_1.html JUDGEMENT_90_LAWS(SC)9_2018_1.html Schedule II provides for the Programme Production Cadre.
(3.) On 29 November 2011, the Union Ministry of Information and Broadcasting sought options from the Respondents on whether they desired to be treated as government servants or whether they wished to continue as contractual employees. The First Respondent opted to be treated as a government servant. On 21 March 1992, the Director of Doordarshan Kendra, Hyderabad by a Memorandum bearing no. TVH / 23 (6) 92-S) declared the First Respondent as a government servant with effect from 31 March 1992. The Memorandum reads thus: JUDGEMENT_90_LAWS(SC)9_2018_3.html JUDGEMENT_90_LAWS(SC)9_2018_3.html The Memorandum states that all the rules/regulations and benefits, including pensionary benefits, age of retirement etc., which are applicable to regular government servants, would also apply to the First Respondent with effect from 6 August 1988, thereby terminating the contract which he had entered into at the time of his recruitment. The Second Respondent was similarly declared to be a government servant.;