Central Administrative Tribunal - Ernakulam
P M Unnikrishnan Unnithan vs The Secretary Ministry Of Information ... on 12 March, 2026
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CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH,
ERNAKULAM
Original Application No. 180/00479/2021
Thursday, this the 12th day of March, 2026
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J)
Hon'ble Ms. V. Rama Mathew, Member (A)
1. P.M. Unnikrishnan Unnithan, aged 61 years,
S/o. P.K. Madhavan Unnithan, (retired as Assistant
Director (P), All India Radio, Thiruvananthapuram),
Residing at Pathisseril, T.C. 8/1871(1), R-36,
Udayagiri Nagar, Thirumala, Thiruvananthapuram-696 006.
2. R. Vimalasenan Nair, aged 62 years, S/o. N. Ramanarayana Pillai,
(retired as Asst. Director (P) from All India Radio), residing at
Kilikkoodu, GDRA-11, Greendale Villas, Mudavanmuka,
Poojappura PO, Thiruvananthapuram - 695 012.
3. S.N. Jayarajan, aged 64 years, S/o. Narayana Pillai,
(retired as Programme Executive from Doordarshan,
Thiruvananthapuram), residing at Sarovar, House No. 14,
Souhrida Lane, Kodunganoor, Vattiyoorkavu,
Thiruvananthapuram - 695 013.
4. K. Ananda Varma, aged 63 years, S/o. Dr. Ravi Varma Krishnan
Thampy, (retired as Programme Executive from Doordarshan,
Thrissur), residing at Gurukripa No. 3, K.V. Gardens,
Peroorkada PO, Thiruvananthapuram - 695 005.
5. K. Jyothish Kumar, aged 62 years, S/o. E. Krishnan Nair,
(retired as Programme Executive, Doordarshan,
Thiruvananthapuram), residing at Yasovathi,
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GRA No. 730, TC 2/1757-1, Gowreespattom,
Pattom PO, Thiruvananthapuram - 695 004.
6. R.C. Gopal, aged 64 years, S/o. Thycaud Chandrasekharan Nair,
(retired as Programme Executive from All India Radio,
Thiruvananthapuram), residing at Thiruvonam,
PERA-62, TC 27/1727(2), Temple Lane, Rishimangalam,
Vanchiyoor, Thiruvananthapuram - 695 035.
7. M.N. Rajeev, aged 64 years, S/o. K.R. Narayanan,
(retired as Programme Executive, All India Radio, Thrissur),
Residing at Keelath House, Arunapuram PO, Kottayam-686574.
8. Balakrishnan Koyyal, aged 65 years, S/o. Othenan K.,
(retired as Programme Executive, All India Radio, Kochi),
Residing at Akam, Near Ayanivayal Kulam, Azhikode PO,
Kannur - 670009.
9. S. Radhakrishnan, aged 61 years, S/o. T.K. Sukumaran Nair,
(retired as Assistant Director (Programmes), All India Radio,
Thiruvananthapuram), residing at Govindam, ERA-76-C,
Perunthanni, Vallakkadavu PO, Thiruvananthapuram-695 008.
10. P.K. Venugopal, aged 61 years, S/o. C.T. Narayanan Nair,
(retired as Assistant Director (Programme), Doordarshan,
Thiruvananthapuram), residing at 211-G.C. Nagar, Peroorkada,
Thiruvananthapuram - 695 005.
11. Leelamma Mathew, aged 60 years, D/o. M.P. Mathew,
(retired as Assistant Director (P), All India Radio, Kochi),
7B-2, Heera Park, M P Appan Road, Vazhuthacaud,
Thiruvananthapuram - 695 014.
12. G. Sriram, aged 61, S/o. R. Gopalan Nair,
(retired as Assistant Director (Programme), All India Radio,
Thiruvananthapuram), residing at T.C 8/377(7),
Aalappuram Road, Thirumala PO,
Thiruvananthapuram - 695 006.
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13. P.R. Sarada, aged 65 years, D/o. P. Ramachandran Pillai,
(retired as Programme Executive, Doordarshan,
Thiruvananthapuram), residing at Mangalasheril,
Mullashery, Karakulam PO, Thiruvananthapuram-695 564.
14. Meera Rani S., aged 58 years, D/o. Upendran N.,
Working as Assistant Director (Programme), All India Radio,
Thiruvananthapuram, residing at TC 30/1397, Prasanthi,
Moonnumukku, Pettah PO, Thiruvananthapuram-695 024.
15. K.M. Narendran, aged 59 years, S/o. Vadakkeppat Balakrishna
Warrier, working as Assistant Director (P), All India Radio,
Kozhikode, residing at Thiruvonam, Lake View Apartments,
St. Vincent Colony Road, Eranhipalam PO, Kozhikode-673 006.
16. Mallika Kurup, aged 58 years, D/o. A.G.N. Kurup,
Working as Assistant Director (P), Commercial Broadcasting
Service, All India Radio, Thiruvananthapuram, residing at 10C,
Silver Castle Springs, Ambalathunada, Vayallikkada-mukkola Road,
Mukkola PO, Thiruvananthapuram - 695 043.
17. T.T. Prabhakaran, Aged 59 years, S/o. Kunhiraman Nambiar,
Working as Assistant Director (P), All India Radio,
Thrissur, residing at Sravanam, Jawahar Road, Ancheri,
Kunchira PO, Thrissur - 680 006. ..... Applicants
(By Advocates: Ms. Sreedevi Kylasanath & Mr. R. Mahesh Menon)
Versus
1. Union of India, represented by its Secretary,
Ministry of Information & Broadcasting, Shastri Bhawan,
Dr. Rajendra Prasad Marg, New Delhi - 110 001.
2. Department of Personnel & Training, represented by its
Secretary, North Block, Ministry of Personnel, Public
Grievance & Pensions, Government of India, New Delhi-110 001.
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3. Chief Executive Officer, Prasar Bharathi, Prasar Bharathi House,
Copernicus Marg, New Delhi - 110 001.
4. Director General, All India Radio, Akashvani Bhavan,
Parliament Street, New Delhi - 110 001.
5. Director General, Doordarshan, Doordarshan Bhavan,
Copernicus Marg, New Delhi - 110 001. ..... Respondents
(By Advocate: Mr. N. Anil Kumar, Senior Panel Counsel)
This Original Application having been heard on 05.12.2025, the
Tribunal on 12.03.2026 delivered the following:
ORDER
Per: Justice Sunil Thomas, Judicial Member -
The applicants aggrieved by the huge delay in convening the DPC for promoting them to the next higher post have approached this Tribunal.
2. All the applicants were originally recruited as Programme Executives (Class-II) post. Applicants Nos. 1 to 13 have now retired from service of the respondents. Applicants Nos. 14 to 17 are in service as on the date of filing the Original Application. The next promotion post is Assistant Station Director (Class-I) governed by Annexure A2 All India Radio (Class-I Post) Recruitment Rules, 1963. According to the said Rules, Programme Executives, on completion of 5 years of regular Sebastian Antony 2026.03.12 12:51:42+05'30' 5 service are eligible to be considered for promotion as Assistant Station Director. According to the applicants all of them had completed 5 years of regular service and have become eligible for being considered for the next promotion post. However, it was not due for a long period.
3. To create an organized structure with increased promotional avenues in a time bound manner, the All-India Radio Grade-A Posts Recruitment Rules, 1963 was repealed by introducing Annexure A3 Indian Broadcasting (Programme) Service Rules, 1990. Additional posts were created at higher level. The qualifying service for promotion from Programme Executive to Assistant Station Director was reduced to 3 years. It also provided for convening of DPC on a yearly basis. However, due to administrative lapses, DPC was not convened nor constituted for considering the applicants for promotion on a regular basis for several years. It is alleged that the respondents failed to convene annually, the mandated DPC for over 26 years and kept the post in IBS from Junior Time Scale and above levels vacant. Throughout the entire service of the applicants, there were vacancies existing and though the applicants were fully qualified and awaiting promotions, they were denied promotions without any justifiable reasons, except administrative delay and lapse in Sebastian Antony 2026.03.12 12:51:42+05'30' 6 conducting the DPC.
4. Aggrieved by the inordinate delay in convening the DPC, several persons holding the posts of Programme Executives and employees association representing them approached the Principal Bench of Central Administrative Tribunal by filing OA No. 243 of 2002 and seeking a direction to the respondents to hold the DPCs for promotion to JTS, Senior Time Scale (Programme) and Junior Administrative Grade (Programme) Grades of IBS. The OA was disposed of on 21.1.2002 by Annexure A4 order directing the respondents to convene regular DPC meetings as early as possible, preferably within 4 months and to consider the case of the applicants along with other eligible candidates for promotion to JTS/STS/JAG and SAG and pass suitable orders in accordance with law. Since the order was not complied with, they initiated contempt proceedings in CP(C) No. 55 of 2003 in the above OA. Contempt Petition was closed by Annexure A5 order dated 21.8.2003 taking note of the compliance in piecemeal and by granting last opportunity to the respondents to convene the DPC, within a period of 3 months, in respect of all employees.
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5. Since the convening of the DPC was again delayed, another Contempt Petition No. 39 of 2004 was filed in the said OA. The respondents filed MA No. 1919 of 2006 in the said MA seeking 20 weeks' time for implementing the directions starting from 10.11.2006. MA was disposed of with a direction to comply with the directions meticulously and warning that in case of non-compliance, serious view of the matter would be taken. The said order is produced as Annexure A6.
6. In spite of the above repeated directions, the said order was not complied with. Thereafter CP(C) 39 of 2004 in OA No. 243 of 2002 was disposed of on 5th November, 2015 by Annexure A7 order by directing the respondents to conduct the DPC for the purpose of promotion of post after 1.4.2000 and directing the UPSC to conduct the DPC for the purpose of persons for promotion to the post till 31.3.2000. It was directed that it shall be held within 3 months from the date of the order and consequential order shall be passed granting all benefits to the persons deserving to be promoted.
7. In spite of the repeated directions, DPC was not convened and in the meanwhile several of the Programme Executives retired. After a gap of 3 Sebastian Antony 2026.03.12 12:51:42+05'30' 8 to 4 years, the respondents by orders dated 14.9.2018 and 10.4.2019, produced as Annexures A8 and A9, finally convened the DPC for pending years of 1993 to 2018 and allotted panel years in JTS grade to the candidates against vacancy positions as existed in the past years. However, the consequential benefits to the persons deserving to be promoted was denied. It also did not take note of the directions in Annexure A7 that consequential orders shall be passed. The said convening of DPC belatedly was in violation of paragraphs 3.1 and 3.2 of office memorandum/guidelines for Departmental Promotion Committee produced as Annexure A10.
8. According to the applicants, the respondents have adopted a highly discriminatory stand by granting consequential benefits to the cadre of Assistant Engineers by promoting them to the next higher grade of Assistant Director (Engineering) i.e. JTS of Indian Broadcast Engineering Service and thereafter to Deputy Director (Engineering) STS of IBES. They have implemented it retrospectively and consequential benefits granted but was deliberately denying the consequential benefits to the applicants quoting DoP&T order dated 10.3.1987 and ignoring the directions in Annexure A7 order passed by the Principal Bench. Office of Sebastian Antony 2026.03.12 12:51:42+05'30' 9 the STS grade of IBES of various branches were granted higher pay scale and Grade Pay retrospectively on non-functional basis evidenced by Annexure A11 dated 2.9.2014. The STFs NFJAG including retired officers of Indian Broadcast Engineering Service of various branches were granted higher pay scale and Grade Pay retrospectively on non- functional basis, evidenced by Annexure A12 dated 14.5.2015. Similarly, JAG officers including retired officers of IBES of various branches were granted higher pay scale and Grade Pay retrospectively on non-functional basis evidenced by Annexure A13 dated 10.6.2015.
9. In the meanwhile, the Chief Executive Officer, Prasar Bharati vide Annexure A14 communication dated 5.10.2018 and the Director General, All India Radio vide Annexure A15 communication 9.4.2019 had strongly recommended and submitted to the Secretary to Information and Broadcasting Department that the consequential benefits as directed by the Principal Bench, CAT needs to be implemented. However, the 1st respondent even without considering the same, vide Annexure A16 communication dated 5.12.2019, informed that promotion to JTS of IB(P)S has been considered in the light of the DoP&T guidelines dated 10.4.1989 and OM dated 3.4.2013 and no further review is required.
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10. The applicants have been promoted in the panel year 1998-1999 onwards up to 2018 by Annexures A7 and A8 orders. According to the applicants, on the basis of the panel year allotted to the applicants, the 6th applicant who is a senior batch Programme Executive who joined in the year 1985 should have been the highest level SAG of IB(P)S in 2015- 2016 itself after getting total five promotions in all, on completion of 17 years in IBES. However, inspite of the repeated directions of the Tribunal and in contravention of the guidelines and standing orders, respondents failed to convene the annual DPC or to clear the backlog. There were a series of proceedings in OA No. 243 of 2002 alleging contempt. The Principal Bench by Annexure A17 order in CP No. 482 of 2019 observed that as the DPC for promotion for panel years from 1993 to 2018 were conducted in 2018 only with prospective effect, a Programme Executive promoted for the panel year of 1993 was artificially made to hold that post till 2018 without any forward movement for himself and blocking the career progression of Junior Programme Executives as well. Subsequent to the DPC conducted on 28.10.2016, consequent DPCs from 1993 to 2018 was held in September, 2018 and April, 2019 by which time several applicants had retired. According to the applicants, as per IB(P)S Sebastian Antony 2026.03.12 12:51:42+05'30' 11 Rules time frame required to reach each higher levels at the highest level of SAG were shown in a tabular form in the Original Application. Going by the normal process of selection, the applicants should have been in the highest level of SAG of IB(P)S in 2015 and 2016 itself after getting a total promotion on completion of 17 years. This was not done.
11. Contending that the promotion with prospective effect granted to the applicants and the considerable delay in convening the DPC had caused substantial injustice to the applicants, they filed separate representations as Annexures A18 to A34. According to the applicants, the Supreme Court in Civil Appeal Nos. 11948 to 11950 of 2016, identical issue relating to the denial promotion to the post of TV News Correspondence and Assistant News Correspondence, the conduct in denying and delaying in granting relief of notional pay fixation was deprecated.
12. Aggrieved by the act of the respondents in denying the promotion to the applicants during the entire service despite existence of vacancies, the applicants have approached this Tribunal by seeking the following reliefs:
"i. To issue a direction or order to call for the records pertaining to Annx. A-8 and Annx. A-9 promotion orders and all subsequent Sebastian Antony 2026.03.12 12:51:42+05'30' 12 communications and set aside to that extent only, it provides promotion with prospective effect and without consequential benefits;
ii. To issue a direction or order to call for the records pertaining to Annx. A-16 order and all subsequent communications and set aside the same;
iii. To issue a direction or order to the respondents to provide notional promotions in different panel years from 1993 to 2018 to the applicants with retrospective effect in the cadre of JTS/STS/JAG/SAG and to re-fix, the pay and allowances of all the applicants and pension & retirement benefits of the 1 to 13 applicants, at such higher value within a time frame as fixed by this Hon'ble Tribunal;
iv) To declare that the applicants are entitled for retrospective promotions and consequential benefits based on the DPC conducted in 2018 and 2019 for the panel years 1993 to 2018 as given to officers and retired officers of Indian Broadcasting (Engineers) Service (Organized Group A Service of various batches) as evident by Annx. A-11, Annx. A-
12 and Annx. A13;
v) To issue a direction or order to the respondents to re-fix the pay and allowances, and to pay all the outstanding arrears and consequential benefits to all the applicants within a time frame as fixed by this Hon'ble Tribunal;
vi. To issue a direction to the respondents to allow higher pay and grade retrospectively to the applicants as non-functional officers similar to the employees in Annx. A-11, Annx. A-12 and Annx. A-13; vii. To issue a direction or order to the 1st respondent to consider and pass appropriate orders on Annx. A-18 to Annx. A-34 representations, after affording an opportunity of virtual hearing to the applicants, within a time frame as fixed by this Hon'ble Tribunal."
13. The respondents filed a joint reply statement. It was stated that applicants Nos. 1 to 13 except applicant No. 6 were empaneled in the Junior Time Scale of IB(P)S by Directorate of All India Radio vide order dated 10.4.2019 in various panel years. As per the instructions contained Sebastian Antony 2026.03.12 12:51:42+05'30' 13 in DoP&T order dated 10.3.1989, marked as Annexure R2, the promotion has only prospective effect, even in the case where vacancies relate to the earlier years meaning thereby the promotion will be effective from the date of assumption of charge on the promotion post by the officer empaneled. This position has been confirmed by the Supreme Court in various decisions.
14. It was contended that the allegation that the respondents are responsible for the delay in the issuance of the promotion order is wrong. All the applicants were appointed as Programme Executives on direct recruitment basis by the UPSC and only after getting promotion to the next level of promotional hierarchy i.e. to the post of Assistant Director (Programme), they get inducted to Indian Broadcasting Programme Service [(IB(P)S]. Since there were multiparty litigations, involving a series of litigations, it resulted in considerable delay in conducting the DPC. To substantiate it, the respondents relied on Annexures R3, R4 and R5. Due to the continuous process of litigations, spanning a period for 25 years, the DPC could not be conducted, it was contended.
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15. After the constitution of IB(P)S with effect from 5.11.1990, since certain administrative formalities relating to the budding A Group organized service was found to take some time, it was decided to grant adhoc promotion in the JTS of IB(P)S during 1993. Thereafter DPC for regular promotion was convened. Since the promotion was on selection basis, there was some supersession in regular promotions. Hence, the DPC for regular promotions could not be convened for the vacancies of 1.4.1993 onwards as the method of selection, i.e. either selection or non- selection, remained under litigation before various Benches. However, the Supreme Court by its judgment dated 30.7.1999 in Union of India v. C.S. Naik directed that the method of selection must be seniority-cum- fitness. Accordingly, DPCs were convened in 2000 and orders were issued thereafter.
16. A proposal for promotion to the posts of JTS of Programme Management/Production cadre for the vacancy year of 1993-1994 onwards was premised. The proposal involved was challenged by one Sachidanand Singh before the Principal Bench in OA No. 2343 of 2001. The Tribunal by its order directed to conduct review DPC for vacancies of 5.11.1990 to 31.3.1993 and to consider the Programme Executives also Sebastian Antony 2026.03.12 12:51:42+05'30' 15 for promotion to the Programme Production cadre. Accordingly, Review DPC was held on 9th and 10th of August, 2016.
17. It was contended that the delay was not attributable to any of the acts of the respondents. Citing the grievance of IB(E)S, the applicants are drawing parallel with another Group-A organized service which is governed by different set of Recruitment Rules and work profile. The benefit of non-functional upgradation is native to any A group organized service only and those are applicable and admissible only after induction of any officer into the service on regular basis. Hence, the applicants are not entitled as of right. The decision of the Supreme Court in the case of employees of Television News Correspondents and Assistant News Correspondents have absolutely no bearing on the facts of the case. Accordingly, the respondents sought for dismissal of the OA.
18. Heard both sides. Examined records.
19. The basic facts are not in dispute. The applicants joined the service under the respondents during the period 1984 to 1993. Applicants 1 to 13 had retired at the time of the institution of the OA. Applicants 14 to 17 Sebastian Antony 2026.03.12 12:51:42+05'30' 16 were in service as on the date of filing the OA. Applicants Nos. 1 to 12 had retired as Assistant Director (P) during the period 2017 to 2021. Applicant No. 13 retired as Programme Executive in 2015 and applicants Nos. 1, 4 to 17 are in service as Assistant Director. It is also an admitted fact that as per Annexure A1 Recruitment Rules the service of the Programme Executives is governed by Annexure A3 Recruitment Rules, The promotion to the Assistant Station Director post which was originally governed by Annexure A2 Recruitment Rules is now governed by the IB(P)S. It brought in two essential changes with a direction that the qualifying service was reduced to 3 years with a direction that DPC shall be held on yearly basis. It is also not in dispute that there was considerable delay of about 26 years in effecting promotions. It is also an admitted fact that during the said period the post remained vacant and most of the applicants were discharging the functions on adhoc basis in the promotion post.
20. The grievance of the applicants is that though by virtue of Annexures A11, A12 and A13 promotion orders it did not grant retrospective effect to the promotion. The crucial question is whether the Sebastian Antony 2026.03.12 12:51:42+05'30' 17 applicants are entitled for any such benefits. It is also to be considered whether the applicants are entitled for retrospective promotions and consequential benefits based on the DPC conducted in 2018 and 2019, for the panel year 1993 to 2018 as given to retired officers of Indian Broadcasting (Engineer) Service as evident from Annexures A11, A12 and A13.
21. The applicants essentially rely on Annexure A4 order in OA No. 243 of 2002 dated 29.1.2002 which was an OA filed by the association of the applicants and several individuals before the Principal Bench seeking a direction to convene the DPC and effect promotions to the eligible candidates. By Annexure A4 the respondents were directed to hold the DPC within four months. It was also directed to consider the case of the applicants along with other eligible persons for promotion to JTS, STS, JAG and SAG and to pass appropriate orders within the stipulated time. Since it was not complied with, CP was filed which resulted in Annexure A5 order dated 21.8.2003 extending the period of implementation. By subsequent order in Annexure A6 the period was again extended on 30.10.2006. Annexure A7 is an order in CP No. 39 of 2004 in OA No. 243 of 2002 in which the applicants in the said OA had approached the Sebastian Antony 2026.03.12 12:51:42+05'30' 18 Principal Bench alleging violation of the order to convene the DPC. By Annexure A7 order dated 4.11.2015, UPSC was directed to conduct the DPC for the purpose of consideration of persons for promotion to the post of JTS till 31.3.2000. It was further directed that the Prasar Bharati shall conduct the DPC for promotion to the post of JTS after 1.4.2000. It was further directed that the aforesaid DPC by the UPSC as well as Prasar Bharati shall be held within three months from the date of the order. It was further directed that consequential orders would be passed granting all consequential benefits to the persons deserving to be promoted. The entire exercise including passing of consequential orders shall be carried out within four months from that date.
22. It is an admitted fact that even after Annexure A4 order there was considerable delay in convening the DPC ultimately leading to Annexures A11, A12 and A13. The explanation offered in the reply statement in detail is that in the interregnum there were series of litigations making it impossible for the respondents to convene the DPC and to effect promotions. It is true of that there were a series of litigations at the instance of various parties. However, in the nature of the litigations and the fact that it has prejudicially affected the applicants and similarly Sebastian Antony 2026.03.12 12:51:42+05'30' 19 situated persons, the delay caused in the interregnum cannot recoil on the applicants.
23. Essentially, the order limiting the benefits prospectively is sought to be assailed relying on Annexure A10 DPC guidelines. According to the applicants, Annexure A10 specifically provides that DPC shall be convened at regular intervals to draw panels. The necessity for conducting DPC at regular intervals was highlighted in the said order. In the above circumstances, it was contended by the applicants that it was the obligation of the respondents to convene the DPC and to effect promotions. It was specifically stated in Annexure A10 that the vacancy shall be filled up in accordance with the Recruitment Rules in force on the date of vacancy, unless Rules made subsequently have been expressly given retrospective effect.
24. The learned counsel for the applicants vehemently relied on Annexure A14 communication dated 5.10.2018 and Annexure A15 communication dated 9.4.2019 both of Prasar Bharati to the concerned Heads requesting for resolving the grievance of the applicants. However, it was not favourably considered. Though CP No. 483 of 2019 was filed Sebastian Antony 2026.03.12 12:51:42+05'30' 20 in the said OA, contending that retrospective operation was not granted, the CP was closed by Annexure A17 order dated 8.11.2019 holding that individual grievances can be taken up by the individual concerned rather than being taken up in a comprehensive manner by the association.
25. Respondents are essentially relying on the OMs issued by the DoP&T to contend that promotion orders shall not have retrospective effect. Annexure R2 is the OM dated 10.3.1981. The learned Senior Panel Counsel placed reliance on clause 2.4.4 which reads as follows:
"While promotions will be made in the order of the consolidated select list, such promotions will have only prospective effect even in cases where the vacancies relate to earlier year(s)."
DoP&T has prescribed that promotion orders shall only be prospective. This cannot be extended to the facts and circumstances of this case. Annexure R2 is the general guidelines governing the convening of the DPC and the procedure to be observed by the Departmental Promotion Committee. However, in the case at hand the applicants had approached the Principal Bench specifically contending that there was considerable delay in convening the DPC and granting promotions to the eligible candidates. It was also to be noted that in the mean while most of the officers were exercising the higher functions on adhoc basis. It is also Sebastian Antony 2026.03.12 12:51:42+05'30' 21 admitted that during the said period the promotion posts were remaining vacant and hence, adhoc appointments were given. Having regard to the entire facts the Tribunal fixed time limit for convening the DPC. Even then the DPC could not be convened essentially attributable to the pendency of various litigations. However, by Annexure A7 it was specifically directed that the consequential orders shall also be passed granting benefits of promotion. In the light of a judicial order passed considering the specific instance and the delay and directing the respondents to effect promotions with all consequential benefits, the OM relied on by the respondents to contend that it is prospective, cannot have any specific application. OM cannot supersede a judicial order. Hence, the contention of the respondents should fall to the ground.
26. Accordingly, we are inclined to allow the Original Application directing the respondents to grant reliefs to the applicants as hereinafter. Hence, the OA is allowed declaring that the applicants are entitled to promotion and consequential benefits based on the DPC conducted in 2018 and 2019 for the panel year 1993 to 2018 and to provide notional promotions from the respective dates when they were promoted and to grant pay and allowance to all the applicants and pension and retirement Sebastian Antony 2026.03.12 12:51:42+05'30' 22 benefits to the applicants who had since retired. This exercise shall be done and the entire amounts payable as expeditiously as possible at any rate within a period of 4 months from the date of receipt of a copy of this order failing which it will carry 8% interest. No order as to costs.
(V. RAMA MATHEW) (JUSTICE SUNIL THOMAS)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
"SA"
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Original Application No. 180/00479/2021
APPLICANTS' ANNEXURES
Annexure A1 - True copy of the All India Radio (Class II Posts)
Recruitment Rules of 1962.
Annexure A2 - True copy of the All India Radio (Class I Posts)
Recruitment Rules of 1963.
Annexure A3 - True copy of the Indian Broadcasting (Programme)
Service Rules, 1990.
Annexure A4 - True copy of the order dated 29.1.2002 in OA No. 243
of 2002 passed by the Hon'ble Principle Bench.
Annexure A5 - True copy of the order dated 21.8.2003 passed by the
Hon'ble Principal Bench of Central Administrative Tribunal at Delhi in CP No. 55 of 2003 in OA No. 243 of 2002.
Annexure A6 - True copy of the order dated 30.10.2006 passed by the Hon'ble Principal Bench of Central Administrative Tribunal at Delhi in MA No. 1919 of 2006 in CP No. 39 of 2004 in OA No. 243 of 2002. Annexure A7 - True copy of the order dated 4.11.2015 passed by the Hon'ble Principal Bench of Central Administrative Tribunal at Delhi in CP No. 39 of 2004 in OA No. 243 of 2002.
Annexure A8 - True copy of the promotion order NO. A-01/02/2015- S-I(A)/Vol.-V/785 issued by Prasar Bharati Dated 14.9.2018.
Annexure A9 - True copy of the promotion order No. A-01/02/2015- S-1(A)/Vol.-V issued by Prasar Bharati dated 10.4.2019.
Sebastian Antony 2026.03.12 12:51:42+05'30' 24 Annexure A10 - True copy of the relevant portion of DoP&T OM No. F 22011/5/86-Estt.(D) dated 10.4.1989 issued by 2nd respondent.
Annexure A11 - True copy of the office order No. 21/2014-S.III dated 2.9.2014 issued by 3rd respondent.
Annexure A12 - True copy of the order No. 3/2015-BA€ dated 14.5.2015 issued by 1st respondent.
Annexure A13 - True copy of the order No. 05/2015-BA€ dated 10.6.2015 issued by 1st respondent.
Annexure A14 - True copy of the communication No. DO No. A-
10/011(12)/2018-PBRB submitted by Chief Executive Officer, Prasar Bharati dated 5.10.2018 to 1st respondent.
Annexure A15 - True copy of the recommendation submitted by Director General, All India Radio vide communication No. DG/PS/1(2)/2019 dated 9.4.2019 to 1st respondent. Annexure A16 - True copy of the communication No. A56011/12/2019- BA(P) dated 5.12.2019 issued by 1st respondent. Annexure A17 - True copy of the order dated 8.11.2019 in CP No. 483 of 2019 in OA No. 243 of 2002 passed by the Hon'ble Principal Bench of Central Administrative Tribunal at New Delhi.
Annexure A18 - True copy of the representation dated 3.8.2021 submitted by the 1st applicant before 1st respondent along with speed post receipt.
Annexure A19 - True copy of the representation dated 3.8.2021 submitted by the 2nd applicant before 1st respondent along with speed post receipt.
Sebastian Antony 2026.03.12 12:51:42+05'30' 25 Annexure A20 - True copy of the representation dated 1.8.2021 submitted by the 3rd applicant before 1st respondent along with speed post receipt.
Annexure A21 - True copy of the representation dated 2.8.2021 submitted by the 4th applicant before 1st respondent along with speed post receipt.
Annexure A22 - True copy of the representation dated 2.8.2021 submitted by the 5th applicant before 1st respondent along with speed post receipt.
Annexure A23 - True copy of the representation dated 3.8.2021 submitted by the 6th applicant before 1st respondent along with speed post receipt.
Annexure A24 - True copy of the representation dated 2.8.2021 submitted by the 7th applicant before 1st respondent along with speed post receipt.
Annexure A25 - True copy of the representation dated 2.8.2021 submitted by the 8th applicant before 1st respondent along with speed post receipt.
Annexure A26 - True copy of the representation dated 3.8.2021 submitted by the 9th applicant before 1st respondent along with courier receipt.
Annexure A27 - True copy of the representation dated 2.8.2021 submitted by the 10th applicant before 1st respondent along with speed post receipt.
Annexure A28 - True copy of the representation dated 2.8.2021 submitted by the 11th applicant before 1st respondent along with speed post receipt.
Annexure A29- True copy of the representation dated 2.8.2021 Sebastian Antony 2026.03.12 12:51:42+05'30' 26 submitted by the 12th applicant before 1st respondent along with speed post receipt.
Annexure A30 - True copy of the representation dated 3.8.2021 submitted by the 13th applicant before 1st respondent along with speed post receipt.
Annexure A31 - True copy of the representation dated 4.8.2021 submitted by the 14th applicant before 1st respondent through proper channel.
Annexure A32 - True copy of the representation dated 3.8.2021 submitted by the 15th applicant before 1st respondent through proper channel.
Annexure A33 - True copy of the representation dated 3.8.2021 submitted by the 16th applicant before 1st respondent through proper channel.
Annexure A34 - True copy of the representation dated 3.8.2021 submitted by the 17th applicant before 1st respondent through proper channel.
Annexure A35 - True copy of the judgment dated 26.9.2018 passed by the Hon'ble Supreme Court in Civil Appeal No. 11948-11950 of 2016.
Annexure A36 - True copy of the order dated 16.8.2021 in Misc. Appl.
No. 1143 of 2021 in Contempt Petition (Civil) No. 405-407 of 2019 passed by the Hon'ble Supreme Court of India.
Annexure A37 - True copy of the order No. 09/2016/BA€ dated 20th October, 2016 of Ministry of Information and Broadcasting.
Annexure A38 - True copy of the office order number BAN.DDG.23(2)2011/G dated 11.7.2011 declaring the Sebastian Antony 2026.03.12 12:51:42+05'30' 27 2nd applicant, as head of office and Controlling Officer in respect of All India Radio, CBS< Trivandrum, under Rule 14 of the DFPRs 1978.
Annexure A38(a)-True copy of the letter NO. CLT.1(1)2013-14/S dated 5.3.2014 showing the 7th applicant assumed the charge of Assistant Director P/JTS on adhoc basis in pursuance of the promotion order of Programme Executive on adhoc basis.
Annexure A38(b)-As per transfer and posting orders dated 4.4.2014 issued the light of promotion of ADP/JTS (AD-HOC) IB(P)S to STS on Ad-hoc basis the 2nd and 6th applicants were designated as Station Director with Headship and Controlling officers at respective station.
Annexure A38(c)-True copy of office order No. BAN.ADG.23(2)2017/G is dated 21.6.2017.
Annexure A38(d)-True copy of the communication letter No. DKT-
25(6)2016 S/1876 dated 26.9.2016 to the Director General, Dooradarshan, New Delhi.
Annexure A38(e)-True copy of the office order No. DDG(SR)-
11(7)2011 dated 20.9.2011 of the Additional Director General of the Prasar Bharati.
Annexure A38(f)-True copy of the office order No. 43/2021/SIII dated 3.6.2021 of the Director General Dhooradarshan, New Delhi.
Annexure A39 - True copy of the tabular form of the Higher post in which the applicants were given ad hoc promotions and the post in which their pension is fixed on retirement.
Sebastian Antony 2026.03.12 12:51:42+05'30'
28
RESPONDENTS' ANNEXURES
Annexure R-1 - True copy of gazette notification dated 5.11.1990. Annexure R-2 - True copy of DoP&T OM No. 22011/5/86-Estt.D, dated 10.3.1989.
Annexure R-3 - True copy of order No. 01/02/2015.S.I(A)(Vol.III)/974 dated 28.10.2016.
Annexure R-4 - True copy of OM No. A-32013/04/2017/BAP dated 12.9.2018.
Annexure R-5 - True copy of OM No. A-01/02/2015.S.I.(A)/Vol. VI dated 20.5.2020.
Annexure R-6 - True copy of order No. A-01/02/2015-S.I(A)/Vol V/234 dated 10.4.2019.
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