- (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 1991. 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 have 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 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 (1st Class) and M.A. in Philosophy (1st 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 ad hoc 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 charge-sheeting him 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 Executives and Producers were promoted on ad hoc basis to the JTS grade of IBPS and 168 Programme Executives 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 O.A. No. 344/95 before the Central Administrative Tribunal, Jaipur Bench (in short CAT Jaipur) seeking his promotion to DTS 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 O.A. on July, 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 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 further averred that to avoid a conflict of law between the CAT Jaipur and CAT Ernakulam, a Full Bench of CAT was convened at Madras, which affirmed the finding of CAT Jaipur on June 3, 1997 and declared the law that the method of promotion to DTS grade of IBPS was selection. In the meantime the respondents had filed SLP before the Hon'ble Supreme Court and one Smt. Usha Raju had filed a writ petition before the Madras High Court and the writ petition was got transferred by the respondents from Madras High Court to Hon'ble Supreme Court and the same was registered as T.C. No. 8 of 1999. The petitioner also got himself made an intervenor in TC No. 8/99. Their Lordships of the Supreme Court vide order dated July 30, 1999 finally disposed of the case and observed as under :- "The Karnataka Bench allowed the O.As. following the decision of the Ernakulam Bench in O.A. No. 1046 of 1994 and 1069 of 1994 dated 9-12-1996. It has been held that the 50% quota for promotion to the post of Junior Time Scale (for short JTS) in the Indian Broadcasting Programme Service (hereinafter called the IBPS) has to be filled not by 'selection' but by 'seniority'. On the other hand the Jaipur Bench in O.A. No. 344 of 1995 dated 31-7-1996, has held that the promotion to the post of JTS is to be made by 'selection'. The Full Bench of the Central Administrative Tribunal (Madras Bench) has accepted the view of Jaipur Bench that the 50% quota by promotion to the posts of JTS are to be filled by 'selection' and not seniority The Full Bench has not accepted the view of the Karnataka Bench and the Ernakulam Bench." "The Full Bench at Madras and Jaipur Bench have relied upon the note 2 below schedule IV and Schedule V to hold that even for JTS posts at serial No. 5, appointment is by 'selection'." ".....for appointment to posts in JTS, at serial No. 6, no selection by assessment of comparative merit is contemplated either in the Rules or in Schedule IV or in Schedule V. "Keeping in view the relevant Rules, we thus, find that the view taken by the Ernakulam Bench is the correct view in the sense that the method of promotion to JTS posts is on the basis of promotion by seniority subject to finding out the fitness of the candidate for the Programme Wing or Production Wing, through the DPC. The Karnataka Bench, therefore, rightly followed the Ernakulam Bench decision. We, therefore, do not see any reason to interfere in the two special leave petitions. As a consequence, the Full Bench view of the Madras Tribunal in O.A. No. 1221 of 1994 can not be said to be laying down the correct view.";