TALIB JAMAL S/O SH SYED FAROOQ JAMAL AND RUKHSANA W/O TALIB JAMAL S/O SH SYED FAROOQ JAMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicants have filed this OA for a direction to the respondents to regularize the services of the applicants as Graphic Artists in the pay scale of Rs. 1400-2600/- in terms of the Scheme for Regularization of Casual Production Assistants and General Assistants in All India Radio framed by the respondents, with all consequential benefits.

(2.) The applicants have been working with the respondents as Urdu Graphic Artists since December, 1990. It is stated that even though their contract was to work for 10 days a month, it was subsequently increased to 20 days a month. However, in terms of actual working conditions they have been working for the whole month since May, 1992 when the Daily Urdu News bulletins were introduced. Thus, at the time of filing of the OA they had rendered more than 13 years of continuous service. They have, therefore, sought regularization of their services in terms of the Scheme for regularization of Casual Production Assistants and General Assistants in AIR which prescribes that all casual artists who were engaged on casual/assignment basis as Production Assistant and General Assistants up to 31.12.1991 and were on the role of AIR will be eligible for regularization against the available vacancies, provided they have worked for an aggregate period of 72 days in a calendar year. In support of their claim, the applicants have filed certain particulars of duties performed by them as well as remuneration received for it from time to time.

(3.) THE learned counsel for the respondents has stated that Doordarshan News has started functioning separately w.e.f. April 1996. Before becoming a separate wing, the News was under Doordarshan Kendra, Delhi. After separating from Doordarshan Kendra, the News has no sanctioned post in any of the category. THE applicants were engaged in Doordarshan News on Casual/Assignment basis during the period their services were required as Graphic Artists for Urdu. THE respondents have denied that applicants were engaged initially for 10 days/20 days and that they were booked for 10 days in a month on consolidated fee of Rs. 1800 @ Rs. 450/- per assignment. As per the annexure enclosed to the OA, the applicants have been engaged for a single day @ Rs. 500 during the period from 17.1.1990 to 16.3.1992, and the applicants have been booked only for 14 days during the said period. Thus, they did not complete 72 days in a calendar year to qualify for regularization under the relevant scheme. THE respondents have also denied the contention of the applicants that two posts of Graphic Artists in the pay scale for Rs. 1400-2600/- were created with the approval of the competent authority. THE office is running with the staff transferred from other offices of Doordarshan.