Central Administrative Tribunal - Kolkata
Bimalendu Guha vs Doordarshan on 29 October, 2025
1 o.a. 350.00476.2016
CENTRAL ADMINISTRAT0VE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00476/2016 Heard on 12.09.2025
Date of order: 29.10.2025
Present : Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Diwakar Singh, Judicial Member
Bimalendu Guha, son of Late Ardhendu Shekar
Guha, residing at 21, Brajanath lahiri Lane,
Zone-I, Plot -2, Howrah-700004, P.O. Satragachi,
P.S.- Chatterjee Hat and working for gain as
casual Graphic Artist in Doordarshan Kendra,
Kolkata - 700095.
...... Applicant.
- VERSUS-
1. Union of India, service through the
Secretary, Ministry of Information and
Broadcasting, Shastri Bhadwan, New Delhi -
110001.
2. The Director General, Prasar Bharati
(Broadcasting Corporation of India-
(Doordarshan), Doordarshan Bhawan,
Copernicus Marg, Mandi House, New Delhi-
110011.
3. The Director, Prasar Bharati (Broadcasting
Corporation of India-(Doordarshan), Golf
Green, Calcutta - 700095.
4. The Deputy Director General (E),
Broadcasting Corporation of India-
(Doordarshan), Golf Green, Calcutta-700095
....... Respondents.
Digitally signed by DhanuRam Hansda
DhanuRam
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055
15, PostalCode=711112, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d
71, CN=DhanuRam Hansda
Hansda Reason: I am the author of this document
Location:
Date: 2025.11.03 13:17:08+05'30'
Foxit PDF Reader Version: 2025.1.0
2 o.a. 350.00476.2016
For the Applicant : Ms. S. Haque, Counsel
For the Respondents : Mr. S. Paul, Counsel
ORDER
Per: Mr. Anindo Majumdar, Administrative Member:
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985 praying for the following relief(s):
"a) An order do issue directing the respondents and each one of them to regularize the service of the applicant as Graphic Artist forthwith in Doordarshan Kendra, Kolkata or in any other Doordarshan Kendra as the Respondents deem fit and proper.
b) Order dated 27/28 August, 2012 under No. Cal-TV-72 (11)/2006-AV/122 issued by Respondent No.2 and the Report of the Screening Committee dated 12th September, 2013 forwarded by Letter dated 12th September, 2013 vide No. KOL-TV-19(2)/2012-Al/ are unjust, arbitrary, not sustainable in the eye of law and same should be quashed and/or set aside.
c) A further Order do issue directing the respondent to cancel, revoke, rescind and/or withdraw, the letter of communication dated 7th March, 2016 vide No. KOL-TV 19 (2)/2012-Al/278 issued by the Administrative Officer Doordarshan Kendra, Kolkata and not to give any effect or further effect to the same."
2. The facts of the case are summarised below:
2.1 The applicant was engaged as a Graphic Artist in Doordarshan Kendra, Calcutta (later Kolkata) on casual basis on 30th October, 1989. 2.2 A scheme for regularisation of casual artists in Doordarshan was formulated by the Directorate General, Doordarshan and the same was issued, vde Office Memorandum dated 09.6. 1992 (Annexure A-6). Clarification with regard to the said scheme was issued vide OM dated 17.3.94 (Annexure A-7). 2.3 The Director, Doordarshan Kendra Calcutta, vide note dated 15.12.94 (Annexure A-8) found the applicant along with 03 other casual graphic artists, to Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0
3 o.a. 350.00476.2016 be eligible for empanelment for regularisation under the aforesaid scheme for regularization of casual artists.
2.4 The Director, Doordarshan Kendra, Calcutta vide letter dated 04 March, 1995, addressed to the Deputy Director General, Doordarshan (Annexure A-9) recommended only one casual graphic artist, namely one Sri Kunal Chowdhury for regularization in service. The applicant was not recommended for regularisation vide the said letter dated 04 March 1995.
2.5 The applicant filed an original application being OA No.210 of 2002 before this Tribunal, which was disposed of by the Tribunal vide order dated 26.09.08 with direction upon the respondents to consider the representation/claim of the applicant in accordance with the rules and executive instructions in the field within three months and to pass a reasoned order in this regard (Annexure A-
10).
2.6 In compliance with the aforesaid order of this Tribunal, the Deputy Director General, Doordarshan Kendra, Kolkata passed an order dated 14th January, 2009, rejecting the prayer of the applicant for regularization in service.
2.7 The applicant challenged the aforesaid order dated 14th January 2009 before this Tribunal in O.A. No. 356/2009.
2.8 This Tribunal, vide order dated 03.5.2012, (Annexure A-13) had set aside the aforesaid order dated 14.1.2009 and remanded the matter to the respondents with directions to pass a speaking and reasoned order, taking in view the scheme as well as the facts of the case.
Digitally signed by DhanuRam HansdaDhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 4 o.a. 350.00476.2016 2.9 The Deputy Director General (E) Doordarshan Kendra, Kolkata, vide order dated 27/28.08.2012, (Annexure A-14) stated that the competent authority after considering the facts and circumstances of the case had come to the conclusion that the claim of the applicant for appointment to the post of Graphic Artist on a regular basis in accordance with the regularisation scheme of Doordarshan cannot be acceded to.
2.10 On the basis of representation made by the applicant, the Deputy Director (Administration), vide letter dated 4th April 2013 (Annexure A-15), directed the Additional Director General, Doordarshan Kendra, Kolkata to re-examine the case of the applicant and to place it before a screening committee comprising of three members.
2.11 The Deputy Director General (P) Doordarshan Kendra Kolkata, vide letter dated 12.9.2013 addressed to the Director General, Doordarshan (Annexure A-
16) informed that as per the report of the screening committee for regularisation of casual artists in terms of the Regularisation Scheme of 1992 and 1994, no candidate in Doordarshan Kendra Kolkata is eligible for regularization in service.
2.12 The applicant made a further prayer for his regularization in service vide his letter dated 12.06.2015, addressed to the Director General, Prasar Bharati, Doordarshan.
2.13 The Head of Office, Prasar Bharati, Doordarshan Kendra Kolkata, vide letter dated 07.03.2016 (Annexure A-23) informed the applicant that his prayer for regularization in service cannot be recommended since he was overaged on the date of his initial booking as a casual artist.
Digitally signed by DhanuRam HansdaDhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 5 o.a. 350.00476.2016 2.14 Aggrieved by the said order, the applicant has filed the instant original application seeking the relief(s) as mentioned at Para 01 above.
3. We have heard the Learned counsel for both the sides and have considered the material on record.
4. At hearing, the submissions made by the Ld. Counsel for the applicant are summarised below:
4.1 The applicant was initially engaged as a Graphic Artist on a casual basis on 30th October, 1989, in Doordarshan Kendra, Calcutta (new Kolkata) when he was 24 years, 10 months old. The date of birth of the applicant is 23rd December, 1964.
4.2 The scheme for regularisation of casual artists in Doordarshan introduced vide OM dated 30.6.1992 and further clarified vide OM dated 17 March 1994, provided that casual artists who were engaged for an aggregate period of 120 days in a year up to 31 December 1991 and who possessed the requisite educational qualifications and/or experience as stipulated in the recruitment rules were eligible for regularisation. Further, the scheme provided that the upper age limit would be relaxed to the extent of service rendered by a casual artist at the time of regularisation and that 120 days of service in a particular year shall be treated as one year service rendered for that purpose.
4.3 The applicant had completed 120 days of work prior to 31 December 1991 and was not overaged on the date of his initial engagement as a Graphic Artist in Doordarshan Kendra, Calcutta (new Kolkata).Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 6 o.a. 350.00476.2016 4.4 In terms of the scheme for regularisation, Doordarshan Kendra Kolkata sent the names of casual artist for regularisation to the Directorate. General, Doordarshan vide letter dated 15 December 1994 and informed him that on examination of the records for casual graphic artists, four casual artists including the applicant were eligible for regularization. Subsequently, vide letter dated 4 March 1995, it was clarified that only 02 (two) eligible casual graphic artists including the applicant in Doordarshan Kendra, Calcutta as on 17 March 1994 were eligible for regularization. The applicant who was at Serial No.2 was eligible for regularisation.
4.5 Although one Shri Kunal Chowdhury, who was also found to be eligible for regularisation was regularised, the applicant was not regularized in service. 4.6 The applicant had filed an Original Application being OA No. 210 2022 before this Tribunal which was disposed of by an order of the Tribunal dated 26th September 2008 with direction upon the concerned Respondent Authority to consider the representation or claim of the applicant in accordance with law and executive instructions.
4.7 The Deputy Director General Doordarshan Kendra, Kolkata, vide order dated 14 January 2009, rejected the prayer of the applicant for regularisation upon the mistaken view of the fact that the applicant did not work on casual basis for an aggregate period of 120 days in a calendar year prior to December 31, 1991. The said order was assailed by the applicant in OA No. 356 of 2009 and the order dated 14th January , 2009 was set aside by this Tribunal vide Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 7 o.a. 350.00476.2016 order dated 03.05.2012 in OA No. 356 of 2009 and the matter was reminded to the respondent authority with direction to pass a reasoned and speaking order.
4.8 The respondent authority, vide order dated 27th August 2012, admitted that the applicant had completed 120 days of service from January 1991, till December 1991, but found that he was overaged by 05 months and 17 days as on 9 June 1992, and that accordingly rejected his prayer for regularisation in service.
4.9 The applicant had raised objection to the erroneous findings of the concerned respondent authority vide his representation to the Director General Doordarshan and the latter directed the Kolkata Doordarshan Kendra to scrutinise the application of the applicant and place it before a screening committee constituted for such purpose . The screening committee did not, however, consider the applicant to be eligible for regularisation and the decision of the screening committee was conveyed to the Director , Doordarshan Kendra, New Delhi vide letter dated 12 September 2013.
4.10 Meanwhile, some candidates for regularisation who had not even been considered by the screening committee, filed an original application being OA No.652 of 2004 before this Tribunal , which was allowed by the Tribunal vide order dated 16.11.2005. A revision petition filed by the respondents being RA No. 4 of 2006 praying for revision of the said order was rejected by the Tribunal vide order dated 28.02.2006. The applicants in the said case filed a contempt petition being CPC No.10 of 2006 before this Tribunal which was disposed of by this Tribunal with directions to the respondents to pass appropriate order regarding Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 8 o.a. 350.00476.2016 regularisation of the said applicants after giving them appropriate age relaxation as directed in the order of this Tribunal dated 16.11.2005. The respondents, thereafter filed Civil Appeals Nos. 1458-1459 of 2010, in the Honourable Supreme Court assailing the order of this Tribunal. The said appeals were dismissed by the Honourable Supreme Court vide order dated 12th February, 2014, whereby the appellants were directed to absorb the respondents in the said case (i.e. the applicants in the original application) with effect from 26.06.2007. 4.11 The applicants in the above case did not fulfil any of the criteria as stated above in terms of the order of this Tribunal. The order of the Tribunal dated 16.11.2005 was upheld by the Honourable Supreme Court and the applicants in the said case were regularised and appointments letters dated 13th July 2015 were issued to them.
4.12 One Abdul Hamid who was overaged as on 9 June 1992, was given appointment as Graphic Artist in Doordarshan Kendra Kolkata and he had joined on 16th September 2015 at the age of 59 years, nine months and had retired on 29th February 2016. Another candidate namely Manoj Kumar Bachchan was also regularised in the post of Graphic Artist in July 2015, but he did not join the said post. Both the posts of Graphic Artist are still vacant in Kolkata Doordarshan Kendra.
4.13 The respondents did not regularise the applicant in service in terms of the scheme for regularisation of casual artists in Doordarshan on the ground that he was overaged. The respondents had initially taken the ground that the applicant had not completed 120 days of service prior to December 31, 1991. Subsequently Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 9 o.a. 350.00476.2016 vide letter dated 20.05.2010 (Annexure A-12) the Director, Doordarshan Kendra, Kolkata admitted that the applicant had completed the said period of service, but that he was overaged for recruitment. The respondents had failed to appreciate the clarification provided by the OM dated 17 March 1994. The said clarification pertain to grant of age relaxation to those casual artist who were overaged at the time of their engagement. The applicant however, was within the age limit as prescribed in the recruitment rules at the time of his initial engagement.
4.14 The report of the screening committee constituted for consideration of regularisation of casual artist did not specify the reason for not considering the case of the applicant. Although the screening committee had taken the view that no casual artist in Doordarshan Kendra Kolkata was eligible for regularisation, some casual artists, such as Dilip Roy, and others were regularised pursuant to the order of this Tribunal dated 16.11.2005, when challenged by the respondents was upheld by the Hon'ble Supreme Court.
4.15 The Apex Court, while dismissing the appeals filed by respondents against the order of this Tribunal had noted that although the applicants in the said case were not found fit for regularisation by the screening committee on the ground that they didn't meet the primary requirement of completing 120 days of work in any calendar year prior to 31 December 1991, the fact that they had worked for a very long time since 1992 onwards and still continued to work and also since 14 vacant posts in their Doordarshan Kendra Kolkata were available, they were to be regularised in service.Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 10 o.a. 350.00476.2016 4.16 The case of the applicant is on stronger footing than the case of the casual artists who were over regularised in service in pursuance of the orders of this Tribunal dated 16.11.2005 which was subsequently upheld by the Hon'ble Apex Court in as much as unlike they said applicants, the applicant in the instant case had completed the primary requirement of working for 120 days prior to 31 December 1991, and also since he was not overaged on the time of his initial engagement.
5. The submissions made by the Ld. Council for the respondents are summarised below:
5.1 In pursuance of the order of this Tribunal in OA No.356 of 2009 filed by the applicant, the claim of the applicant was examined and a reasoned and speaking order was issued on 27/28.08.2012, whereby his prayer for regularisation was rejected. The scheme for regularisation of casual artists in Doordarshan issued vide OM dated 9.06.1992, and subsequently clarified by OM dated 17.03, 1994 provided that the cut off date for determining the age would be 09.06.1992.
5.2 The cut-off date for determining the age of casual graphic artist for purpose of their regularisation was 09.06.1992. The upper age limit for the post of Graphic Artist, as per the recruitment rules for the said is 25 years. The date of birth of the applicant is 23 December 1964. On the cut-off date for determining the age of casual graphic artists for purpose of their regularisation, the age of the applicant was 27 years, five months. Even after giving him a relaxation for two years in terms of the scheme for regularisation, his age as on 09.06.1992 would be above the upper age limit for appointment to the post of graphic artist. Since the Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 11 o.a. 350.00476.2016 applicant was not within the age limit for appointment to the post of graphic artist, even after giving him relaxation in age for two years, his claim for regularisation in service cannot be agreed to, and the respondents have rightly rejected his case.
5.3 The Ld. Counsel for the respondents relied upon the judgement of the Hon'ble Apex Court in Civil Original/Jurisdiction Petition (Civil) No. 1343 of 2018, in the case of Hirandra Kumar vs. High Court of Judicature at Allahabad and another with regard to the issue of cut-off date. In the said case, the Apex Court has, inter alia, held that the "State" is entitled to fix cut-off date for determining the age and that such a decision can be struck down only when it is arbitrary. 5.4 The Ld. Counsel for the respondents further relied upon the judgement dated August 27, 1998 of the Hon'ble Supreme Court in the case of Union of India vs. Shiv Bachan Rai where the Hon'ble Court has held that prescribing of any age limit for any given Post, as also the extent to which relaxation can be given if an age limit is prescribed, are essentially matters of policy. 5.5 The only issue to be decided the instant case is whether the cut-off date for determining the age of the applicant should be taken as the date when the scheme for regularisation of casual artists was introduced i.e 09.06.1992 or the date of initial engagement of the applicant i.e 30.10.1989.
6. Analysis and findings 6.1 It is an admitted fact that the applicant was engaged as a graphic artist on casual basis in Doordarshan Kendra, Kolkata (then Calcutta) on 30 October 1989.
Further, the date of birth of the applicant is not disputed and is 23 December Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 12 o.a. 350.00476.2016 1964. As per the recruitment rules for recruitment to the post of graphic artist, the upper age limit of candidates is 25 years. As on the date of his initial engagement, the applicant was aged 24 years, 10 months old and he was within the age limit as prescribed in the Recruitment Rules. 6.2 A scheme for regularisation of casual artists in Doordarshan was introduced vide OM dated 9.6.1992 (Annexure A-6). Clarification regarding the said scheme was issued, vide O.M. dated 17.03.1994. The said scheme is reproduced below:
"SCHEME FOR REGULARISASTION OF CASUAL STAFF ARTISTS IN DOORDARSHAN AS PER THE JUDGEMENT IN OA no.563/86, dated 14.2.1992 in M/s. Anil Kumar Mathur Vs UOI case.
This scheme would be applicable to all those Casual Artists who were employed on casual basis on 31.12.1991 including those who were on the rolls of the Doordarshan, though they may not be in service now will be eligible for consideration. Those who are engaged on casual basis after 31.12.1991 will not be eligible for consideration.
2. Only those casual Artists who had been engaged for an aggregate period of 120 days in a year (Calender year) will be eligible for regularisation. The broken period in between the engagement and disengagement will be ignored for the purpose. The number of days is to be computed on the basis of actual working days in the muster rolls or attendance sheets or Q-sheets.
3. Separately, eligibility panels will be prepared for each category of posts, Kendra- wise, depending upon the length of service of Casual Artists. They will be considered for regularisation in the order of their seniority against the available vacancies in that particular Kendra. The seniority will be determined from the date of their initial engagement by the Kendra.
4. The persons who are in the eligibility panel of one Kendra will have no right for claiming regularisation in another Kendra as these are generally Group 'C' posts and seriction is made Kendra-wise.
5. The Casual Artists who are to be regularised should possess the requisite educational qualification and/ or experience as stipulated in the Recruitment Rules or other administrative instructions (in the absence of Recruitment Rules) existing for the post when the casual worker was initially engaged.
6. The upper age limit would be relaxed to the extent of service rendered by the Casual Artists at the time of regularisation. A minimum of 120 days service in the aggregate, in one year, shall be treated as one year's service rendered for this purpose. The service rendered for less than 120 days in a year will not qualify for age relaxation.Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 13 o.a. 350.00476.2016
7. The regularisation of Casual Artists would be from a prospective date and the Casual Artists on the eligibility, panel who fail to quality for regularisation in accordance with the recruitment rules and instructions issued thereunder for the post, shall be removed from the panel.
8. It a Casual Artist on an eligibility panel commits misconduct and the same is proved after giving a reasonable opportunity, (of being heard) his name would be removed from the eligibility panel and he would not be eligible for regularisation.
9. Till, all the Casual Artists in a particular category eligible for regularisation at Kendra are regularised no fresh recruitment would be resorted to by Kendra concerned. This restriction would not be applicable to a Kendra or category of Staff Artists where no eligibility panel of Casual Artist in a particular category of Staff Artists exists. In other words, if a Kendra has a panel of eligible Casual Artists in the categories of say Floor Assistants and Production Assistants only, the above restriction applicable in respect of these two categories only and not to other categories of Staff Artists in that Kendra. Similarly this restriction on fresh recruitment would not be applicable in respect of those Kendras which have no panel of eligible Casual Artists. "
6.3 Clarification with regard to the aforesaid scheme was issued, vide OM dated 17.03.94. The said OM is reproduced below:
"F.No.2(3)/86-S.I Pated 17.03.94
OFFICE MEMORANDUM
Sub: Scheme for regularisation of Casual Artists in Doordarshan.
The undersigned is directed to invite attention to DG:DD O.M. of even number dated 9.6.92 on the above subject, with which a copy of the scheme for regularisation of Casual Artists of Doordarshan was circulated. According to condition in para 2 of this scheme, the number of days for the purpose of regularisation is to be computed on the basis of actual working days in the Muster Rolls of Attendance Sheets or 'O' sheet.
2. It has been brought to the notice of this Directorate that although these Casual Staff Artists were engaged for 10 days or have been working on 2-3 assignments in a month on a consolidated amount of Rs.400-500 per assignment, but an actual practice, they have been working throughout the month. This aspect has been examined by the Directorate in consultation with Ministry of I&B and procedure to be followed for arriving at the number of days of booking will be as under.
3. The number of days for the purpose of regularisation will be computed on the basis of actual wages given to the Casual Staff Artist in a month, divided by the minimum wage prevalent in the State during the relevant time of booking. For example, if a Casual Staff Artist has been paid an aggregate sum of Rs.1500 in a month whether for working for 10 days or for 2-3 assignments in a month and the minimum wage prevalent in the State at the relevant time was Rs.50, the staff artist would be deemed Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 14 o.a. 350.00476.2016 to have worked for 30 days in a month (i.e. Rs.1500 divided by 50) subject to the condition that the days so computed would not exceed 25 days in a month.
4. It has also been noticed that certain staff artists were engaged initially when they were over-age according to the Recruitment Rules. All such cases, with the number of days they worked on casual basis according to the formula laid down in Para 3, should be referred to the Directorate for taking decision on merit.
5. All the Kendras are requested to kindly review the cases of regularisation rejected by them under the exiting scheme, based on the formula referred to in para 3 (not legible) above and regularise those who are found eligible.
6. The regularisation in all the above cases will be (not legible) to availability of vacancies. In case the vacancy is not available, such eligible candidate would be kept on the panel for regularisation against the future vacancy.
7. Full particulars of all chose who are regularised (not legible) the relaxed criteria may be furnished to the Directorate by 25.3.1994.
"
This issues with the approval of DG/Ministry of I&B. 6.4 The service of the applicant was not regularised in terms of the aforesaid scheme. The applicant had filed an Original Application being OA No. 210 of 2002 before this Tribunal which was disposed of vide order dated 26.09.200 of the Tribunal with directions upon the respondent to consider his case in accordance with the rules and executive instructions in the field within three months. The Deputy Director General Doordarshan Kendra, Kolkata in compliance of the aforesaid order of the Tribunal, passed an order dated 14th January 2009 whereby he had rejected the case of the applicant on the ground that that he had not fulfilled the condition of service for a period of 120 days in a calendar year within 31.12.1991.
6.5 The said order was assailed by the applicant before this Tribunal in OA No. 356/2009. During the pendency of the said original application, the concerned respondent authority had filed a supplementary affidavit stating that the applicant had in fact completed 120 days of service for the period January 1991 to Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 15 o.a. 350.00476.2016 31 December 1991. However, the respondent Authority took the ground that the applicant was found to be overaged and was therefore not regularised in terms of this scheme.
6.6 The order of the respondents dated 14.1.2009 was set aside by this Tribunal vide its order dated 3.5.2012 in OA No. 356 of 2019 and the matter was remanded to the respondents to pass a fresh speaking and reasoned order taking into view the scheme as well as the facts of the case. 6.7 The concerned respondent authority had passed a fresh speaking order dated 27/28.08.2012 (Annexure A-14) whereby he had rejected the prayer of the applicant for regularisation in service on the ground that he was overaged by 05 months and 17 days .
6.8 The applicant had thereafter submitted an appeal for consideration of his case to the Director General Doordarshan and vide letter dated 4th April 2013 (Annexure A-15). The ADG Doordarshan Kendra, Kolkata was directed to get the case of the applicant reconsidered by placing it before a screening committee.
The screening committee submitted its report which was forwarded to the Director General Doordarshan vide letter dated 12.9.2013 (AnnexureA-16). As per the findings of the screening committee, no casual artist in Kolkata Kendra of Doordarshan was eligible for regularization in service in terms of the scheme for regularization of casual artists. The applicant had thereafter submitted a representation dated 12.06.2015 to the Director General of Doordarshan which was ultimately disposed of by the Head of Office Doordarshan Kendra, Kolkata, Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 16 o.a. 350.00476.2016 vide letter dated 07.03.2016, addressed to the applicant. The said letter is reproduced below:
"NO KOL-TV19(2)/2012-A1/278 Date: 07.03.2016 To, Shri Bimlendu Guha,
21. B.N. Lahiri Lane, HIT Complex Zone-1, Plot-2, P.O. Santragachi, Dist-Howrah, Pin-711104 Sub: Reg, relularisation of Casual Artist under the scheme of 1992 & 1994 of Doordarshan.
Sir, This has reference to your representation dated nil received with DG, Doordarshan O.M. No.30/19/2015-S1(A)/178 dated 01.02.2016 regarding his regularization as per scheme of 1992 & 1994 of Doordarshan It reseals from the record that as original application No. 356 of 2009 was filed by you before Hon'blet CAT, Kolkata Bench, for your regularization under the scheme of 1992 & 1994 of Doordarshan and it compliance of order dated 03.05.2012 passed by Hon'ble Tribunal, Speaking and Reasoned order dated 27/28.08.2012 was issued to you stating that "The claim of the applicant for appointment to the post of Graphist Artist on regular basis of Regularization Scheme of Doordarshan cannot be acceded in which is communicated to the applicant accordingly"
You are also informed that as per direction of DG, Doordarshan, your case for consideration for regularization shceme for 1992 & 1994 was pleced before the duly constituted Screening Committee As per findings of the Screening Committee, the matter of your regularization cannot be recommended due to your over age as on date of initial booking as Casual Artist although the criteria for completion of 120 days in any calendar year prior to 31. 12.1991 has been fulfilled by you.
Therefore, your request made in the fresh representation cannot be acceded to.
Yours faithfully, Sd/-
(K.A. RAO) ADMINISTRATIVE OFFICER FOR HEAD OF OFFICE"
6.9 The concerned respondent authority had, vide the above letter apparently rejected the case of the applicant regularisation on the ground that he was Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 17 o.a. 350.00476.2016 overaged as on the date of his initial booking as a casual artist, although he had accepted that the applicant had fulfilled the criteria of completion of 120 days of service in the calendar year prior to 31.12 1991.
6.10 It is an admitted fact that the applicant was engaged as a casual artist on assignment basis from March 1989 onwards. This is clear from communication dated 4/9/93. A copy of this communication is reproduced below:
"No......... Date: 4.9.93
To whom it may concern
This is to certify that Bimalendu Guha has been engaged in Doordarshan Kendra, Calcutta as a casual artist on assignment basis (as and when required) from March 1989 onwards.
He is very active, sincere under co-operative with his superiors and subordinates.
This certificate is being given to him so that he may secure a better employment.
I wish him all success in life.
Sd/-
4.9.93 For Director"
6.11 Since the respondents have admitted that the applicant has fulfilled the criteria of serving for 120 days in the calendar year prior to 31.12. 1991 and the only ground for not regularising him is that he was overaged on the date of his initial booking as a casual artist. However, this contention of the respondent authority cannot be accepted since the applicant who was born on 23 December 1964 and was aged of 24 years, 10 months on the date of his initial engagement Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 18 o.a. 350.00476.2016 as graphic artist on casual basis. The applicant, therefore meets the condition of being within the age limit of 25 years as prescribed in the Recruitment Rules.
6.12 The respondents in their reply to this Original Application, have taken the ground that the applicant was overaged on the date when the scheme for regularisation was introduced vide OM dated 09.6.1992. No cut-off date for determination of age of a casual artist is specified in the said scheme. The scheme, inter alia, provides for grant of age relaxation in respect of candidates who were not within the age limit as prescribed in the Recruitment Rules for the post on the date of their initial engagement. The scheme, inter alia, provides that a casual artist who has served for a minimum period of 120 days between January 1991 to 31st December 1991 is eligible for regularisation subject to his fulfilling the other conditions stipulated in the scheme.
6.13 It is clear that on the date of his engagement, the applicant was not overaged in terms of the recruitment rules for the post. The question of granting him age relaxation therefore does not arise. The respondents have admitted that the applicant satisfied the criteria of serving for 120 days during the period January to December, 1991.
6.14 The Recruitment Rules for the post of Graphic Artist issued vide G.S.R. 581 dated 28th June, 1988 provide, inter alia, that the upper age limit for the said post is 25 years. On the date of his initial engagement as a casual artist in Doordarshan Kendra, Calcutta (new Kolkata) i.e. on 30.10.89, the applicant whose date of birth is 23.12.1964, was aged 24 years, 10 months. He was therefore within the age limit fixed for the post of Graphic Artist as per the Recruitment Rules for the post.Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 19 o.a. 350.00476.2016 6.15 Since the applicant was initially engaged in Doordarshan Kendra Kolkata on 30.10.1989, and was within the upper age limit as prescribed in the Recruitment Rules for graphic artist on the date of his engagement he cannot be considered as overaged. We are also of the opinion that the speaking order dated 07.03.2016 has incorrectly stated that the applicant was overaged as on the date of his initial booking as a casual artist. We are therefore of the opinion that that the applicant is eligible for regularisation in service in terms of the Scheme for regularisation of casual artists formulated by Doordarshan. 6.16 We have also noted that although the screening committee, in its report had found no candidate in Doordarshan Kendra Kolkata to be eligible for regularisation in terms of the regularisation scheme for casual artists, some casual artists who did not satisfy the primary criteria of service of 120 days in one calendar year between the period 1January 1991 to 31st December 1991, were regularized in service on the strength of the order of the of this Tribunal dated 16.11.20005 in OA No. 652/2004 which was subsequently challenged by respondents in Hon'ble Apex Court in Civil Appeal Nos 148-149 2010, but which was dismissed vide judgement of the Hon'ble Apex Court dated 12/02/2014. An extract from the order of this Tribunal in OA No. 652/2004 dated 16.11.2005 is reproduced below:
"8. In order to do justice to the applicants we feel ends of justice would be met if following directions are given to the respondents:-
If there are 14 vacancies of Production Assistants with the respondents they shall consider absorbing the applicants against those vacancies as per the prevalent recruitment rules of All India Radio by giving them relaxation of age for the number of years they have been working with the respondents provided they fulfill all other eligibility criteria as mentioned in the prevalent recruitment rules of All India Radio. This Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 20 o.a. 350.00476.2016 shall be done within a period of 4 months from the date of receipt of a copy of this order. In case vacancies are not available with the respondents and they still need the services of Production Assistants, they shall continue to engage the applicants as Production Assistants till regular appointments are made as per the Recruitment Rules. The applicants shall not be replaced by a new set of casual Production Assistants. Of course if any of the applicants indulges in misconduct of serious nature, it would be open to the respondents to take action against such of the applicant in accordance with law. Respondents shall also take up the matter with the higher authorities to see how interest of these applicants can be protected and how their services can be regularized. We are not giving any direction to the respondents to frame another scheme as it is for the Government to take up these issues and decide them as a policy matter looking at the welfare of the casual employees whose services are being utilized for years together by them.
9. We are sure that respondents would apply their mind to observations as made above and pass appropriate orders thereon within a reasonable period. With the above directions this O.A. stands disposed."
An extract from the Judgement of the Hon'ble Apex Court dated 12/02/2014 in Civil Appeal Nos. 1458-1459 of 2010 is reproduced below:
"10. In the circumstances, we dismiss these appeals, and with a view to do complete justice we direct the appellants to absorb the respondents on the same terms as directed by the Tribunal in the order quoted earlier, though with effect from 26.6.2007 which is the date of the order passed by the Tribunal. We make it clear that this order is passed in the peculiar facts of the present case, and this does not mean any requirement for the appellants to depart from its policy in other cases. We also make it clear that the respondents will not be entitled to any back-wages. They will get their benefits only from the date of their absorption order when passed. We, however, direct the appellants to pass necessary orders within eight weeks. These appeals are disposed of accordingly."
6.17 After perusing of the above judgements, we are of the opinion that the case of the applicant in the instant case is on a stronger footing, vis a vis the case of the applicants in OA No. 652/2004 inasmuch as the applicant in the instant case meets the criteria of serving for 120 days in a calendar year for the period from 1st January, 1994 to December, 1994 and was also not overaged on the date of his initial engagement as a casual artist.
Digitally signed by DhanuRam HansdaDhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 21 o.a. 350.00476.2016 6.18 It would be also relevant to quote the Judgement of the Hon'ble Apex Court In in the case of Jaggo vs. Union of India & Ors., in Civil Appeal arising out of SLP (C) No. 5580 of 2024. Extracts from the said judgement are reproduced below:
"27. In light of these considerations, in our opinion, it is imperative for government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization's functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. By ensuring fair employment practices, government institutions can reduce the burden of unnecessary litigation, promote job security, and uphold the principles of justice and fairness that they are meant to embody. This approach aligns with international standards and sets a positive precedent for the private sector to follow, thereby contributing to the overall betterment of labour practices in the country.
28. In view of the above discussion and findings, the appeals are allowed. The impugned orders passed by the High Court and the Tribunal are set aside and the original application is allowed to the following extent:
i. The termination orders dated 27.10.2018 are quashed;
ii. The appellants shall be taken back on duty forthwith and their services regularised forthwith. However, the appellants shall not be entitled to any pecuniary benefits/back wages for the period they have not worked for but would be entitled to continuity of services for the said period and the same would be counted for their post-retiral benefits."
6.19 In view of the above discussion, we are of the opinion that applicant is eligible from the for regularization in service in terms of the scheme for regularisation of casual artist issued vide OM dated 09.6.1992 and OM dated 17.03.1990 with effect from the date of introduction of the said scheme. The order dated 07.03.2016 issued by the Head of office, Doordarshan Kendra, Kolkata order dated 27/28 August, 2012 under No. Cal-TV-72 (11)/2006-AV/122 issued by Respondent No.2 and the Report of the Screening Committee dated 12th September, 2013 forwarded by Letter dated 12th September, 2013 vide No. KOL-
Digitally signed by DhanuRam HansdaDhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0 22 o.a. 350.00476.2016 TV-19(2)/2012-Al/ are therefore quashed and set aside. The competent respondent authority is directed to issue order for regularisation of the applicant w.e.f. the date of introduction of the scheme for regularization of casual workers in Doordarshan i.e. w.e.f. 9.6.92 within a period of 03 months from the date of receipt of a certified copy of this order. The O.A. is accordingly disposed of.
(Diwakar Singh) (Anindo Majumdar)
Judicial Member Administrative Member
Drh
Digitally signed by DhanuRam Hansda
DhanuRam
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b65055 15, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d 71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.03 13:17:08+05'30' Foxit PDF Reader Version: 2025.1.0