Central Administrative Tribunal - Bangalore
G Suresh vs M/O Information And Broadcasting on 10 January, 2019
1
OA.No.170/01456-01457/2018/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH
ORIGINAL APPLICATION NO.170/01456-01457/2018
DATED THIS THE 10th DAY OF JANUARY, 2019
HON'BLE DR.K.B.SURESH, JUDICIAL MEMBER
HON'BLE SHRI C.V.SANKAR, ADMINISTRATIVE MEMBER
1. G.Suresh
S/o. Late S.Gurumurthy
Aged 55 years, working as
Cameraman Grade-I
Doordarshan Kendra
J.C.Nagar
Bengaluru-560 006.
2. G.Bhaskaran
S/o. Late Singriappa
Aged 54 years, working as
Cameraman Grade-I
Doordarshan Kendra
J.C.Nagar
Bengaluru-560 006. ....Applicants
(By Advocate Shri A.R.Holla)
Vs.
1. Union of India
By Secretary
Ministry of Information and Broadcasting
Shastry Bhavan
Dr.R.P.Road
New Delhi-110 001.
2. The Chief Executive Officer
Prasara Bharathi
Broadcasting Corporation of India
P.T.I.Buildings
Parliament Street
New Delhi-110 001.
3. The Director General (Doordarshan)
Prasar Bharati Broadcasting Corporation of India
Doordarshan Bhavan
Copernicus Marg
New Delhi-110 001.
4. The Deputy Director General
Doordarshan Kendra
J.C.Nagar
Bengaluru-560 006.
5. Usha Kini
W/o. Kulai Vasanth Kini
Aged about 60 years
Assistant Director (Programme)(Adhoc)
O/o. Doordarshan Kendra
J.C.Nagar
Bangalore-560006.
6. Nirmala Yaligar
W/o.Chandrashekar Yaligar
Aged about 54 years
Assistant Director (Programme)(Adhoc)
O/o.Doordarshan Kendra
J.C.Nagar
Bangalore-560006.
7. Udayadri
S/o.Rajatadri
Aged about 60 years
Assistant Director (Programme)(Adhoc)
O/o.Commercial Broadcasting Service
All India Radio
Bangalore-560001.
8. G.K.Raveendra Kumar
S/o.G.S.Krishna Murthy
Aged about 57 years
Assistant Director (Programme)(Adhoc)
O/o. All India Radio Complex
Rajbhavan Road
Bangalore-560001.
9. Dr.D.Padmavathi
D/o.Sri Dr.S.R.Krishna Murthi
Aged about 55 years
Asst.Director (P)(Adhoc)
O/o. All India Radio Complex
Rajbhavan Road
Bangalore-560001.
10. Dr.N.Raghu
D/o.Sri S.Nanjundiah
Aged about 52 years
Asst.Director (P)(Adhoc)
O/o.All India Radio Complex
Rajbhavan Road
Bangalore-560001. ...Respondents
(By Advocates Sri M.Vasudeva Rao for R1-4 and Sri N.G.Phadke for R5-10)
ORDER
3 OA.No.170/01456-01457/2018/CAT/Bangalore Bench (PER HON'BLE SHRI C.V.SANKAR, MEMBER (ADMN) The applicants have filed the present OA seeking the following relief:
a) To restrain the respondents from promoting the 'Programme Executives' to fill up the posts of JTS of IB(P)S without including the Cameraman Grade-I in pursuance of the order F.No.01/02/2017-S-1(A)/731 dated 24.08.2018, issued by the respondent No.3, Annexure-A9.
b) Direct the respondents to ascertain the vacancies in the cadre of Junior Time Scale of IB(P)S and the vacancies to be earmarked for Cameraman Grade-I for encadrement as per the Recruitment Rules of 1990 and consider the applicants for JTS post.
2. The applicant No.1 and 2 were appointed as Cameraman Grade-II initially and promoted to Cameraman Grade-I on 16.07.2012 and 21.06.2017 respectively in Doordarshan. The applicants possess the qualification of Diploma in Cinematography. As per the 5 th Pay Commission recommendation, the Government vide order dtd.06.02.1998(Annexure-A1) has revised the scale of pay for Cameraman Grade-I from Rs.2375-3500 (Gr.B) to Rs.8000- 13500(Gr.A) and also decided to encadre the Cameraman Grade-I in Indian Broadcasting (Programme) Service(IB(P)S) at Junior Time Scale level. Accordingly, respondent No.3 has been advised to keep the recommendations of 5th Central Pay Commission in view while framing regulations for the programme service of Prasar Bharati vide order dtd.20.09.2000(Annexure-A2). However, the upgradation of the post of Cameraman Grade-I and the recommendations of the 5 th CPC to encadre the said post to IB(P)S have not been reflected in the IB(P)S Rules, 1990 which were brought into force w.e.f. 05.11.1990(Annexure-A3). As per Schedule V of these rules, Cameraman Grade-I in the pay scale of Rs.2375-3500 with two years regular service will be eligible against the vacancies specially earmarked for Programme Officer (Cameraman). However, no vacancies have been earmarked for Programme Officer (Cameraman) in terms of the said rules so far. In the above circumstances, some of the similarly situated Cameraman approached CAT, Principal Bench(PB) in OA.No.1176/2013 with a request to re-designate the post of Cameraman Grade-I as Programme Officer and include them in IB(P)S as per the above rules and the CAT, PB disposed of MA.No.898/2013 in OA.No.1176/2013 vide order dtd.08.07.2015(Annexure-A4) directing the 1 st respondent to earmark the vacancies of Programme Officer(Cameraman) from among the Cameraman Grade-I with two years regular service for their inclusion in feeder category for post of Junior Time Scale Programme Officer and extend the consequential benefits. In spite of which, the 1 st respondent passed order dtd.30.11.2015(Annexure-A5) holding that earmarking of the vacancies of Programme Officer(Cameraman) from among the Cameraman Grade-I with 2 years regular service for their inclusion in feeder category for post of Junior Time Scale under IBPS is not feasible and the request of the applicants therein for re-designating the post of Cameraman Grade-I as Programme Officer and encadrement of applicants into IBPS cannot be acceded to. Aggrieved by the same, the applicants therein have filed CP for non- compliance of the order before CAT, Principal Bench which gave a direction to the respondent No.1 to reconsider the matter in the light of the Recruitment Rules as well as order of the Tribunal and to comply with the same in letter and spirit vide order dtd.01.12.2015(Annexure-A6). The said order was questioned by the respondents before the Hon'ble High Court of Delhi in WP(C) No.670/2016 which was disposed of on 04.04.2016(Annexure-A7) without expressing any opinion and giving liberty to the private respondents to challenge the order dtd.30.11.2015 before CAT. In the meantime, the 2 nd 5 OA.No.170/01456-01457/2018/CAT/Bangalore Bench respondent initiated the process of promotion of Programme Executive/equated cadres to JTS and their encadrement of IBPS. The same has been questioned by the aggrieved Cameraman before this Tribunal in OA.No.1376-1381/2018 which is pending now, saying that the Programme Executives belong to Group 'B' posts as per All India Radio (Group 'B' Posts) Recruitment (Amendment) Rules, 1984 notified on 23.10.1984(Annexure-A8).
3. They further submit that the 3rd respondent has now initiated the process of promotion to the post of JTS of IB(P)S against the vacancies from 2000-2001 to 2017-2018 by seeking option of the Programme Executives who are in the Group 'B' cadre vide order dtd.24.08.2018(Annexure-A9) without considering the Cameraman Grade-I for encadrement in IB(P)S as per the rules. The said order indicates that the proposal of promotion to fill up the vacancies in JTS cadre is in accordance with the recruitment rules of 1990 but it excludes the Cameraman Grade-I from consideration for JTS cadre even though they are in the cadre of Group 'A' and the officials sought to be promoted as per Annexure-A9 are in Group 'B' cadre. The view taken that 'Programme Executive' a Group 'B' officer is preferable to Cameraman Grade-I, a Group 'A' Officer to be encadred in to IB(P)S is erroneous and arbitrary. The applicants submit that Cameraman Grade-I will be seriously prejudiced if their juniors are considered for promotion to JTS cadre disregarding their seniority and status in Group 'A' cadre. The applicants shall have no opportunity to be the Video Executives (the post at STS level) unless they are promoted to JTS cadre. The respondents have taken steps to fill up the posts in JTS cadre for the last 18 years at a time when the issue is pending consideration in OA.1376- 1381/2018 and they did not disclose the total number of vacancies to be filled up. Hence, the action of the respondents is totally unfair and unjustified.
4. The respondents have filed short reply and also reply statement wherein they submit that the applicants were initially appointed as Cameraman Grade-II in Doordarshan and subsequently promoted as Cameraman Grade-I. The posts of Video Executives, Cameraman Grade-I and Cameraman Grade-II continue to be governed by the Doordarshan Programme (Technical Camera) Group 'A' and Group 'B' Recruitment Rule 1987 notified on 12.10.1987. The Indian Broadcasting (Programme) Service 1990 came into force w.e.f. 5.11.1990. Rule 6 of IBPS Rules regarding initial constitution of the service mentions the procedure for inclusion of officers in the service at the time of its initial constitution on 5.11.90. Sub-Rules (1) and (2) of Rule 6 of IBPS rules provide that only the departmental candidates holding posts on regular basis in the scale 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 corresponding posts and grades in the service. Rule 2(c) of IBPS Rules, 1990 defines the departmental candidates as 'officers appointed on regular basis in consultation with the Commission on the recommendations of the DPC 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 'all officers appointed on regular basis to the post of Video Executive in Doordarshan in the pay scale of Rs.3000- 4500'. Since Cameraman Grade-I is the feeder cadre for Video Executives as per the Doordarshan Programme(Technical-Camera) Group A and Group B Recruitment Rules 1987 and there was no post as Programme Officer(Cameraman) in Group 'A' Programme cadre of All India Radio and Doordarshan, a combined reading of Sub Rule (i) of Rule 6 and Rule (c) of IBPS rules indicates that Programme Officer (Cameraman) or Cameraman Grade-I does not fall into this category of Departmental Candidates, to be 7 OA.No.170/01456-01457/2018/CAT/Bangalore Bench inducted into IBPS at the time of constitution of the service. For promotion to JTS posts, eligibility list of various categories of officers mentioned in Col.4 of Sr.No.5 in Schedule V shall be prepared on the basis of their date of appointment for regular basis in the pay scale of Rs.2000-3500 subject to the condition that the inter-se seniority in their respective cadres shall be maintained. Since, Cameraman Grade-I has been indicated to have the pay scale of Rs.2375-3500 which was upgraded to Rs.2200-4000/-, IBPS Rules do not intend to make Cameraman Grade-I as the feeder cadre of JTS Programme Officer posts. In Schedule VII Note(ii) of IBPS Rules mention that the posts of Video Executive will maintain their separate entity and will be filled from the respective feeder grade until they are merged at the stage of Rs.3700-5000/- in Junior Administrative Grade(JAG). Col.5 of above Schedule VII indicated 18 posts of Video Executives in the Grade of Rs.3000-4500 equivalent to Senior Time Scale (STS) Grade of IBPS. It is this provision of IBPS rules that is being followed as Video Executives together with other Senior Time Scale officers of IBPS functions as the feeder category of JAG in Doordarshan Programme Production Cadre of IBPS. In line with these provisions of IBPS Rules, the posts of Video Executives together with its feeder cadre Cameraman Grade-I continue to function as separate category and the posts of Video Executives, Cameraman Grade-I and Cameraman Grade-II continue to be governed by the Doordarshan Programme (Technical Camera) Group A and Group B Recruitment Rules 1987 notified on 12.10.1987. The Doordarshan Programme (Technical-Camera) Group 'A' and 'B' Recruitment Rules 1987 have so far not been repealed, therefore Cameraman Grade-I still exists as feeder posts to Video Executives. Schedule VII of IBPS rules provide that the post of Video Executive will maintain their separate entity and will be filled up from the respective feeder grade (i.e.Cameraman Grade-I) until they are merged at the stage of 3700- 5000 (i.e.JAG level of IBPS) is being followed in letter and spirit and taking into consideration the other facts mentioned above, it has been decided that earmarking the vacancies of Programme Officer (Cameraman) from among the Cameraman Grade-I with 2 years regular service for their inclusion in feeder category for post of Junior Time Scale(JTS) under IBPS is not feasible.
5. On the contention of the applicants that the respondents have now initiated the process of promotion to the post of JTS of IB(P)S against the vacancies from 2000-2001 to 2017-2018, the respondents submit that in pursuance of directions of Hon'ble CAT, Principal Bench dtd.4.11.2015 in CP.No.39/2004 in OA.No.243/2002, DPC for promotion to the post of JTS of IBPS for the vacancies of years 1993-94 to 1999-2000 has been convened by UPSC for which an order empanelment/regular promotion to the Grade of JTS of IB(P)S has been issued on 14.9.2018. Next DPC for the years 2000-01 onwards has to be convened by the Prasar Bharati which is at the advance stage.
6. It is further submitted that a proposal for ad-hoc promotion in the grade of JTS of IB(P)S in DP quota was sent to Prasar Bharati. For this purpose, eligibility list was prepared on the basis of seniority list of Programme Executives(PEX)/Equated categories as on 01.09.2016. DG:AIR vide letter dtd.26.7.2018 has sought Annual Immovable Property Return(AIPR) for 2017 through AIRNET. The DG:AIR has taken this action in respect of PEXs/Equated cadres only who are in the zone of consideration for ad-hoc promotion in the grade of JTS of IB(P)S but not in respect of the Cameraman. It is true that in terms of sub rule 7(6)(a)(i) of the IB(P)S rules, 1990, Programme Executives/Farm Radio Officers/Extension Officers have been requested vide DG:AIR letter dtd.24.8.2018 to submit their option for choice in 9 OA.No.170/01456-01457/2018/CAT/Bangalore Bench order of preference for working in Programme Management Cadre of Programme Production Cadre of IB(P)S. Regarding pendency of the case referred in the OA, it is submitted that the Hon'ble CAT, PB vide order dtd.25.9.2018 in OA.No.1895/2016 observed that once it is not feasible to equate the post of Programme Officer(Cameraman) to the post of JTS Programme Officer, the respondents are justified in declining to accede to the request of the applicants. In view of the observations of Hon'ble CAT, the Ministry of Information and Broadcasting is in process for carrying out amendments in IB(P)S Rules 1990 by removing the clauses of the Recruitment Rules, that have become redundant. In view of the above, the OA is liable to be dismissed.
7. We have heard the Learned Counsel for the parties. The Learned Counsels for the applicant and the respondents have made submissions reiterating the factual position and their points as highlighted by them in the OA and the reply statement.
8. We have gone through the main contentions of the applicants and reply of the respondents in detail. The main relief sought by the applicants is for ascertaining the vacancies in the cadre of Junior Time Scale(JTS) of IB(P)S and the vacancies to be earmarked for Cameraman Grade-I as per the recruitment rules of 1990 so as to consider them for the JTS level posts and to restrain the respondents from promoting the Programme Executives to fill up the posts of JTS of IB(P)S without including the Cameraman Grade-I. The issue has been comprehensively dealt with by the Principal Bench of CAT in OA.No.1895/2016 vide order dtd.25.09.2018. The details of the issue at stake are succinctly reproduced in the order of the Hon'ble Principal Bench of CAT which we reproduce below:
"The applicants held the post of Cameraman Grade-I in Doordarshan. They approached this Tribunal by filing O.A. No. 1176/2013 with a prayer to direct the respondents to implement the Indian Broadcasting (Programme) Service Rules, 1990 in true spirit, in respect of the post of Cameraman Grade-I, to re-designate the post of Cameraman Grade-I as Programme Officer and to include them in the Indian Broadcasting (Programme) Service. Their contention was that the post of Cameraman Grade-I carried the pay scale of Rs.2200-4000, which is the same, as that of Junior Time Scale Programme Officer of the Programme Production Cadre of the IB (P) Service and there was no justification for not merging the post of Cameraman Grade-I, into that cadre. Their further plea was that under the service rules for promotion to the post of Junior Time Scale Programme Officer, the Cameraman Grade-I with two years of service is treated as one of the feeder categories but, there was no opportunity for them on account of not earmarking vacancies for their cadre.
2. The O.A was disposed of on 08.07.2015 with a direction to reconsider the entire issue and to earmark the vacancies of Programme Officers (Cameraman) for the Cameraman Grade-I with two years regular service, and to consider the cases of the applicants with others; and to extend the consequential benefits.
3. The respondents passed a detailed speaking order dated 30.11.2015 refusing to accede to the request of the applicants. A Contempt Petition was filed and it was closed leaving it open to the applicants to challenge the said speaking order. Hence this O.A.
4. The applicants contend that once there is a specific direction to earmark posts of Programme Officer (Cameraman) for Cameraman Grade-I, there was absolutely no basis for refusing to accede to the request of the applicants through the speaking order.
5. The respondents filed a detailed counter affidavit and other supporting documents. According to them, Cameraman Grade-I happens to be a feeder category for the post of Video Executive and question of its being treated as part of the Indian Broadcasting Programme Service does not arise. It is also stated that over a period, several developments have taken place on account of which, the necessity to earmark posts of Programme Officers in favour of Cameraman Grade-I ceases to exist. Other contentions of the applicants are also dealt with.
6. Heard Mr. S. S. Mishra, learned counsel for applicant and Mr. G. S. Virk, learned counsel for respondents.
7. The operative part of the order passed by the Tribunal in the O.A reads as under :-
"10. We, therefore, dispose of this OA with a direction to the respondents- Ministry of Information and Broadcasting to re-consider the matter in the light of the aforesaid provisions of the Recruitment Rules and to first of all earmark the vacancies of Programme Officer (Cameraman) from among the Cameraman Grade-I with two years regular service for their inclusion in feeder category for post of Junior Time Scale Programme Officer under the IB(P) S. If the applicants are found eligible, they shall be given the consequential benefits. The aforesaid directions shall be complied with, within a period of two months from the date of receipt of a certified copy of this order. There shall be no order as to costs."
8. In compliance to this, a speaking order dated 30.11.2015 was passed. It 11 OA.No.170/01456-01457/2018/CAT/Bangalore Bench runs into several pages. Para 16 thereof indicates the conclusion arrived at by the respondents, and reads as under :-
"Now, therefore in compliance of the order dated 08.07.2015 of Hon'ble CAT, Principal Bench, New Delhi in the instant case, the matter has been reconsidered in consultation with Prasar Bharti and the fact that Schedule- VII of IBPS Rules providing that the posts of Video Executive will maintain their separate entity and will be filed up from the respective feeder grade (i.e Cameraman Grade-I) until they are merged at the stage of 3700-5000 (i.e JAG level IBPS) is being followed in letter and spirit and taking into consideration the other facts mentioned above, it has been decided that earmarking of the vacancies of Programme Officer (Cameraman) from among the Cameraman Grade-I with 2 years regular service is not feasible. It has also been decided that the request of the applicants for re- designating the posts of Cameraman Grade-I as Programme Officer and encadrement of applicants into IBPS cannot be acceded to."
9. To understand the entire scenario, it is necessary to refer to certain basic facts. The Indian Broadcasting (P) Service is a separate cadre by itself and it comprises of as many as five Grades in all, which are as under :-
Sl. Grade All India Doordarshan Scale of Pay
No. Radio
1. Senior Administrative 10 11 Rs.5900-200-6700
Grade Deputy Director
General (Management)
2. Junior Administrative - - Rs.4500-150-5700
Grade (Selection
Grade) Senior Director
3. Junior Administrative 44 15 Rs.3700-125-4700-150-
Grade 5000
Director/Controller
4. Senior Time Scale 130 32 Rs.3000-100-3500-125-
Deputy/Deputy 4500
Controller
5. Junior Time Scale 144 37 Rs.2200-75-2800-EB-100-
Programme Officer 4000
Total 328 95
10. There is a separate cadre known as the Doordarshan Programme (Technical - Camera) Group 'A' and Group 'B', under the Recruitment Rules, 1987. The post of Video Executive is at the top and the feeder category for that is Cameraman Grade-I. The other posts such as Cameraman Grade-I occur down below.
11. In the Indian Broadcasting (Programme) Service Rules also, a provision is made for promotion of Cameraman Grade-I to a post which is equivalent to Junior Time Scale Programme Officer. This is evident from para 5 of Schedule V of these rules, which reads :
5. Junior Time Scale 50% by promotion The following categories of staff Programme and 50% by direct with three years regular service Officer recruitment in in the grade will be eligible Rs.2200-75-2800- accordance with EB-100-4000 sub rule 2 of rule 7 1.Producer (Selection Grade)
2. 2. Producer
3. Producer Grade II
4. Translator
5. Editor
6. Editor (Scripts)
7. Reference Officer Like-wise Cameraman Grade I in the pay scale of Rs.2375-
3500 with two years regular service will be eligible against the vacancies specifically earmarked for Programme Officer (Cameraman).
12. From this, it becomes clear that the Cameraman Grade-I is made as Feeder Category for the post of Junior Time Scale Programme Officer on the one hand and Video Executive on the other, which occur two different services. The applicants made substantial efforts to get themselves equated to the post of Programme Officer with the pay scale of 2200- 4000/-, did not fructify on account of the fact that method of selection and other attributes of the two posts are totally different. Similar prayer made in O.A. No.1248/2001 was declined by the Tribunal vide order dated 27.06.2003. WP (C) No. 19717/2004 preferred against the Tribunal's aforementioned order was also dismissed by the Hon'ble Delhi High Court on 28.03.2008.
13. The only question, therefore, which remains to be decided, is as to whether the applicants were entitled to be considered for promotion to the post of Programme Officer (Cameraman), as per Schedule V of the Indian Broadcasting (Programme) Service Rules. The speaking order proceeded on the lines, which are inappropriate, obviously because the prayer of the applicants was totally different from the one that was canvassed before this Tribunal. They want straightaway to be equated to the post of Junior Time Scale Programme Officer. Once it is not feasible, the respondents are justified in declining to accede to the request of the applicants. The respondents made a specific mention to the orders referred to above and passed a speaking order.
14. However, the aspect of the enforcement of para 5 of the Schedule V of the Indian Broadcasting (Programme) Service Rules was not addressed. In case the post of Programme Officer (Cameraman) has not been created, the reasons as to why the provision of promotion to the post still exists, need to be mentioned. On the other hand, if the post has become redundant, even that needs to be mentioned.
15. We, therefore, dispose of the O.A and direct the respondents to deal with the only aspect namely the entitlement of the applicants to be considered for the post of Programme Officer (Cameraman) in the light of para 5 of the Schedule V of Indian Broadcasting (Programme) Service Rules. This exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order."
9. With regard to the exercise now undertaken by Prasar Bharati as at Annexure-A9, for promotion to the post of JTS of IB(P)S against the 13 OA.No.170/01456-01457/2018/CAT/Bangalore Bench vacancies from 2000-2001 to 2017-2018, the respondent organisation intends only to consider Programme Executives with 3 years of regular service and the applicants in this OA are not considered for this exercise. As already noted, the Hon'ble CAT, Principal Bench has directed the respondents to deal with the entitlement of the applicants namely Cameraman Grade-I to be considered for the post of Programme Officer(Cameraman) in the light of para-5 of Schedule V of Indian Broadcasting(Programme) Service Rules. The said Rules do have a provision for earmarking of vacancies specifically for Programme Officer(Cameraman). It is to be noted that the JTS Programme Officer vacancies to be filled up as per Annexure-A9 have the same pay scale which the Cameraman Grade-I have already been given. Therefore, while considering the promotional aspects of Programme Executives who are in Group-B and in a pay scale one level below that of Cameraman Grade-I, it defies logic as to why the respondents cannot earmark certain posts for the Cameraman Grade-I as already provided in IB(P)S Rules 1990 which admittedly are still in existence. After all the litigations, the respondents would now claim in their reply in para-11 that the Ministry of Information and Broadcasting is in the process of carrying out amendments in IB(P)S Rules 1990 by removing the clauses of the recruitment rules that have become redundant(including those related to Cameraman). The main plea of the respondents has all along been that the Cameraman Grade-I did not have any right for automatic encadrement of IB(P)S Rules since they are already a feeder category to the posts of Video Executives and along with Senior Time Scale employees on the Programme side, they will also be merged with the same at the level of Junior Administrative Grade of IB(P)S. This does not mean that the applicants are not eligible for the vacancies of JTS Programme Officers based on the number of vacancies earmarked for them as already provided in the service rules. In fact, contrary to the respondents' claim, the said rules in note-(iii) of Schedule-VII specifically state that the number of posts of Cameraman to be included in the Junior Time Scale of Programme Productions Cadres of Doordarshan will be decided separately. Therefore, the claim of the respondents in para-5 of their reply that since Cameraman Grade-I have the pay scale of Rs.2375-3500 (at the time of notification of IBPS Rules), IBPS Rules do not intend to make Cameraman Grade-I as the feeder cadre for Junior Time Scale Programme Officer posts cannot be accepted since the request of the applicants is for earmarking certain posts in the JTS Programme Officer level for Cameraman Grade-I and nowhere has any request been made for considering them as feeder categories since they already are in that pay scale level. All along, the Cameraman Grade-I have been considered to be one of the categories of the staff eligible to be entered into the IB(P)S and any amendment to the rules which the respondents are contemplating can have only prospective effect and not retrospective effect as has been held in a number of cases.
10. The respondents are therefore directed to consider the order of the Hon'ble Principal Bench of CAT in OA.No.1895/2016(supra) and take appropriate action for the purpose of earmarking certain vacancies in the JTS of IB(P)S rules, encadre them in the JTS and give them an opportunity as has been given to the Programme Executives who are one level below them. We do understand that the respondents' organisation has every right to take a policy decision in this regard but their arguments for denying the case of the applicants are not sustainable as the relief sought for by the applicants is clearly provided in the rules which are currently applicable. The OA is therefore, allowed. The respondents are also directed to proceed with the process initiated as per Annexure-A9 only after implementation of the above 15 OA.No.170/01456-01457/2018/CAT/Bangalore Bench orders. No costs.
(C.V.SANKAR) (DR.K.B.SURESH)
MEMBER (A) MEMBER (J)
/ps/
Annexures referred to by the applicant in OA.No.170/01456-01457/2018 Annexure-A1: Copy of the order dtd.06.02.1998 Annexure-A2: Copy of the order dtd.20.09.2000 Annexure-A3: Copy of the notification dtd.05.11.1990 with the recruitment rules Annexure-A4: Copy of the order dtd.08.07.2015 in MA.No.898 of 2013 Annexure-A5: Copy of the order dtd.30.11.2015 Annexure-A6: Copy of the order dtd.01.12.2015 in CP/636/2015 Annexure-A7: Copy of the order dtd.04.04.2016 in WP(C) No.670/2016 Annexure-A8: Copy of the notification dtd.23.10.1984 with the recruitment rules Annexure-A9: Copy of the order dtd.24.08.2018 Annexures with short reply statement:
Annexure-R1: Copy of Recruitment Rules 1987 notified on 12.10.1987 Annexure-R2: Copy of Notification dtd.05.11.1990 of Min. of Information and Broadcasting Annexures with MA.No.498/2018 filed by the respondents:
Annexure-R1: Copy of order dtd.04.11.2015 in CP.No.39/2004 of CAT, PB, N.Delhi Annexure-R2: Copy of the communication dtd.18.10.2018 Annexures with reply statement:
-NIL-
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