Central Administrative Tribunal - Ernakulam
S Narayanan Nampoodiri vs Prasar Bharati, M/O Information And ... on 5 December, 2023
1 CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, ERNAKULAM Original Application No. 180/00482/2018 Original Application No. 180/00486/2018 __Tuesday this the 5th day of December, 2023 CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J) Hon'ble Mr. K.V. Eapen, Member (A)
1. Original Application No. 180/00482/2018 -
1. N Sasikumar, son of Narayanan, aged 55 years, Programme Executive, All India Radio, Vazhuthacaud, Thiruvananthapuram residing at 'Saranya' KARA-108, TC-6/333(4), Karimonkulam, Vattiyoorkavu P.O., Thiruvananthapuram-695 013
2. Biju Mathew, son of I. Mathew, aged 54 years, Programme Executive, Commercial Broadcasting Service,.
All India Radio, Vazhuthacaud, Thiruvananthapuram residing at 52, Kalpaka Nagar, Pettah P.O., Chackai, Thiruvananthapuram-695 024
3. G.Santhosh Kumar, son of K Gopala Pillai, aged 51 years, Programme Executive (Insitu), All India Radio, Vazhuthacaud, Thiruvananthapuram residing at Sreelayam, Thettikunnu, Kundara P.O., Kollam 691 501
4. K.G.Muraleedharan Pillai, son of A Gopinathan Pillai, aged 59 years, Programme Executive, All India Radio, Vazhuthacaud, Thiruvananthapuram OA/180/00482/2018 & OA/180/00486/2018 2 residing at Pothanoor Krishnakripa, Thazhakkara P.O., Mavelikkara, Alappuzha District 690 102
5. N. Vasudev, son of V.N.Unni, aged 54 years, Programme Executive, All India Radio, Vazhuthacaud, Thiruvananthapuram residing at Parameswari, Sivancoil Street, Fort, Thiruvananthapuram 695 023
6. G. Jaya, wife of E.Kunhikrishnan, aged 54 years, Programme Executive, All India Radio, Vazhuthacaud, Thiruvananthapuram residing at TC 1/2021, Jayamanju, Kumarapuram, Thiruvananthpuram 695 011
7. K. Usha, daughter of K C Chozhi, aged 54 years, Programme Executive, All India Radio, Devikulam, Idukki District, residing at Velleparambil House, Engineering College P.O., Thrissur 680 009
8. P.K. Janardanan, son of P.K.Kannan, aged 55 years, Programme Executive, All India Radio, Kannur, residing at Kadambari, Pannenpara, Chalad P.O., Kannur 670 014
9. T. Vahida, wife of B Baburajan Nair, aged 54 years, Programme Executive, All India Radio, Vazhuthacaud, Thiruvananthapuram residing at Parassery, UNRAL-20, Udayagiri Nagar, Thirumala P.O., Thiruvananthapuram 695 006
10. M.V.Sasikumar, son of M.B.Menon, aged 49 years, Programme Executive (Insitu), All India Radio, Vazhuthacaud, Thiruvanarithapuram residing at Shreelakham, MRAT-17/ 1, Chennasseri Lane, Maruthainkuzhy, Kanjirampara P.O., Thiruvananthapuram 695 030 OA/180/00482/2018 & OA/180/00486/2018 3
11. K.V.Sarath Chandran, son of K.V.Narayanan, aged 51 years, Programme Executive, All India Radio, Pallikunnu P.O., Kannur residing at Saradam, Ramaram, Nileshwar P.O., Kasargod 671 314
12. T.K.Unnikrishnan, son of K.O.Rajan Nambiar, aged 52 years, Programme Executive, All India Radio, Pallikunnu P.O., Kannur, residing at Varnaraji, Narath P.O., Kannur 670 601
13. P.A.Biju, son of K.K.Abraham, aged 50 years, Programme Executive, All India Radio, Vazhuthacaud, Thiruvananthapuram residing at Parayakulam, Thrikothamangalam P.O., Kottayam 686011
14. K.S.Pardhan, son of S.Kuttappan Nair, aged 52 years, Programme Executive (Insitu), Commercial Broadcasting Service, All India Radio, Vazhuthacaud, Thiruvananthapuram residing at Pratheeksha, T C 51/2646(1), Thelibhagam, Thirumala P.O., Thiruvananthapuram 695 006
15. Mathew Joseph, son of T. M.Joseph, aged 53 years, Programme Executive, All India Radio, Beach Road, Calicut, residing at Thekkekarottu, Kunnamangalam P.O., Kozhikode 673 571
16. John Kurian, son of P.K.Kurian, aged 54 years, Programme Executive, All India Radio, Beach Road, Calicut, residing at Padinjarethalackal, Santhuruty Vayal, Karuvissery P0, Kozhikode 673 010
17. Leena P. Baby, wife of John Kurian, aged 54 years, Programme Executive, All India Radio, Beach Road, Calicut, residing at Padinjarethalackal, Santhuruty Vayal, Karuvissery P.O, Kozhikode 673 010 OA/180/00482/2018 & OA/180/00486/2018 4
18. Aswathi TV., wife of V Balakrishnan, aged 54 years, Programme Executive, All India Radio, Beach Road, Calicut, residing at Gayathri, Janatha Road, Karuvassery P.O., Kozhikode 673 010
19. K. Pratap Paul, son of K.M.Paul, aged 53 years, Programme Executive, All India Radio, Beach Road, Calicut, residing at Kollanoor Gharana, 3/435B, Pottangady Raghavan Road, Nadakkavu P.O., Kozhikode 673 011
20. Unnikrishnan, son of K. Radhakrishnan Nair, aged 49 years, Programme Executive (Insitu), All India Radio, Beach Road, Calicut, residing at Shravanam, PVS Park, Rose Garden, Kuthiravattom P.O., Kozhikode 673 016
21. C.Krishna Kumar, son of M. Vasudeva Menon, aged 52 years, Programme Executive (Insitu), All India Radio, Beach Road, Calicut, residing at Kizhakkemadom, Kallai P.O., Kozhikode 673 003
22. P.V.Prasanth Kumar, son of V.V.Balakrishnan Nambiar, Programme Executive, All India Radio, Pallikunnu P.O., Kannur residing at Pranava Pooja, Kanathur Temple Road, Pallikunnu P.O., Kannur 670 004
23. R.Anitha Varma, wife of K Kerala Varma, aged 55 years, Programme Executive, All India Radio, Devikulam, Idukki, residing at Haritham, Koratty East P.O., Thrissur 680 308
24. Venugopalan C.B., son of C.V.Balan, aged 57 years, Programme Executive, All India Radio, Thrissur, residing at Chettakulam House, Vellanikara P.O., Thrissur 680 654 OA/180/00482/2018 & OA/180/00486/2018 5
25. Ravindran K P, son of K.C.K.Raja, aged 54 years, Programme Executive, All India Radio, Devikulam, Idukki, residing at Saleramom, Kolazhy, Thrissur 680 010
26. Lekha Gopal, wife of R.C.Gopal, aged 56 years, Programme Executive, RABM, All India Radio, Vazhuthacaud, Thiruvananthapuram residing at Thiruvonam, Vanchiyoor-Pattoor Road, Temple Lane, Thiruvananthapuram 695 035
27. B.Vijayakumar, son of Balakrishna Pillai, aged 59 years, Programme Executive, All India Radio, Vazhuthacaud, Thiruvananthapuram residing at TC 14/1642-1, Padmaragam, Forest Office Lane (D-29), Vazhuthacaud, Thycaud P0, Thiruvananthapuram 695 014
28. Sandhiyarani P., wife of K Madhusoodanan, aged 52 years, Programme Executive, Doordarshan Kendra, Thiruvananthapuram, residing at TC 19/911(7), Green, South Road Lane, Thamalam, Poojapura P.O., Thiruvananthapuram 695 012
29. V.S. Kumari Geetha, wife of K. Sundar Rajan, aged 57 years, Programme Executive, Doordarshan Kendra, Thiruvananthapuram, residing at Kunnil House, TC 9/1239, CPGP Lane, Sasthamangalam, Thiruvananthapuram 695 010
30. Prasad Balakrishnan, son of late D Balakrishnan, aged 58 years, Programme Executive, All India Radio, Kavaratti, Union Territory of Lakshadweep, permanently residing at 3/543-4, Thejus, Aagosham Corner, Padukkad, Viyyur P.O., Thrissur 680 010
31. Udayakumar, V, son of late T.R.V.Nair, aged 54 years, Programme Executive, All India Radio, Ramavarmapuram, Thrissur, residing at Pranavam, House No. 41, OA/180/00482/2018 & OA/180/00486/2018 6 Karunya Nagar, Pulinchodu, Ramavarmapuram P.O., Thrissur 680 631 ...Applicants (By Advocate : Mrs. Rekha Vasudevan) VERSUS
1. Union of India, represented by the Secretary to Government of India, Ministry of Information and Broadcasting, A Wing, Shastri Bhavan, New Delhi 110 001
2. Prasar Bharati (Broadcasting Corporation of India), represented by its Chief Executive Officer, Prasar Bharati Secretariat, Prasar Bharati House, Copernicus Marg, New Delhi 110 001
3. The Secretary, Department of Personnel & Training, Ministry of Personnel, PG and Pensions, North Block, New Delhi - 110 001
4. The Director General, All India Radio, Akashvani Bhavan, Parliament Street, New Delhi 110 001
5. The Station Director, All India Radio, Bhakti Vilasam, Vazhuthacaud, Thiruvananthapuram, Kerala 695014
6. The Director, Doordarshan Kendra, Kadappanakunnu, Thiruvananthapuram, Kerala 695 043 ....Respondents (By Advocate: Mr. N. Anilkumar, Sr. PCGC) OA/180/00482/2018 & OA/180/00486/2018 7
2. Original Application No. 180/00486/2018 -
1. S. Narayanan Nampoodiri, son of N. Sankaran Nampoothiri, Aged 57 years, Programme Executive, All India Radio, Ramavarmapuram PO, Thirssur, residing at Ariyannur, Evoor North, Cheppaud PO, Alappuzha - 690 507.
2. T.K. Manojan, Son of Thirunalloor Karunakaran, aged 55 years, Programme Executive, All India Radio, Ramavaramapuram, Thrissur, residing at Raveendra Mandiram, Njarackal, Perinad PO, Kollam - 691 601. ...Applicants (By Advocate : Mrs.Rekha Vasudevan) VERSUS
1. Union of India, represented by the Secretary to Government of India, Ministry of Information and Broadcasting, A Wing, Shastri Bhavan, New Delhi 110 001
2. Prasar Bharati (Broadcasting Corporation of India), represented by its Chief Executive Officer, Prasar Bharati Secretariat, Prasar Bharati House, Copernicus Marg, New Delhi 110 001
3. The Secretary, Department of Personnel & Training, Ministry of Personnel, PG and Pensions, North Block, New Delhi - 110 001
4. The Director General, All India Radio, Akashvani Bhavan, Parliament Street, New Delhi 110 001
5. The Station Director, All India Radio, Bhakti Vilasam, Vazhuthacaud, Thiruvananthapuram, OA/180/00482/2018 & OA/180/00486/2018 8 Kerala 695014
6. The Drawing and Disbursing Officer, All India Radio, Thrissur, Kerala - 680 631. ....Respondents (By Advocate: Mr. N. Anilkumar, Sr. PCGC) These Original Applications having been heard on 19.07.2023, the Tribunal on 05/12/2023 delivered the following:
Common O R D E R Per: Justice Sunil Thomas, Judicial Member -
The applicants were Programme Executives in All India Radio and Doordarshan. They joined the above institution as Transmission Executives. When Prasar Bharati (Broadcasting Corporation of India) Act 1990 was introduced, the applicants came to be covered by the said Act. AIR and Doordarshan have two wings. One is the Engineering wing and the other is the Programming wing. The organisational hierarchy under the Engineering wing are Engineering Assistants, Senior Engineering Assistants and Assistant Engineers. On the other hand, on the Programming wing, the hierarchy is Transmission Executives(TREX) and Programme Executives (PREX). There is no post in the Programming wing corresponding to Senior Engineering Assistant under OA/180/00482/2018 & OA/180/00486/2018 9 the Engineering wing. Earlier there was pay parity among both the wings, which was later discontinued. The post under the Engineering wing was granted upgraded pay scale based on a Supreme Court decision. However, no such upgradation was granted to TREX. Thereafter, there has been consistent requests from the side of the Transmission Executives for pay parity with the Engineering wing, which were considered at different stages.
2. While so, the Government of India, Ministry of Information and Broadcasting by its order dated 25.02.1999 upgraded the pay scale of about 11 categories of employees under the Prasar Bharati. A copy of the above was produced as Annexure A-3 in both the OA's. It provided that employees belonging to AIR and Doordarshan particularly Subordinate Engineering and Programme cadres had been agitating for grant of higher grade of scale than those recommended by the 5th Central Pay Commission and accepted vide Government of India by resolution on 30.09.1997. The matter was considered by the Government and it was decided to further upgrade the scale of pay of categories of employees of AIR and Doordarshan of Prasar Bharati(Broadcasting Corporation of India) as indicated against each categories of Annexure A-3. The above OA/180/00482/2018 & OA/180/00486/2018 10 grant of revised pay scale was subject to few conditions mentioned therein. One of the condition provided was that the upgraded pay scale will be allowed not as a Government employee per se, but as Government employee currently in the services of Prasar Bharati(Broadcasting Corporation of India). As and when the employees then working in AIR and Doordarshan were asked to exercise their option, those employee who do not opt for Prasar Bharati will revert as government servants and will no longer be entitled for those scales. They will also have to refund all benefits availed by them as a result of grant of higher pay scales of pay. They will be liable for recovery of all such benefits. It was further provided that pay of those employees of AIR and Doordarshan who had been working as Transmission Executive as on 01.01.1978 or afterwards would be notionally fixed in the pay scale of Rs.550- 900/- with effect from 01.01.1978 and the pay scale of Rs.2000-3200/- with effect from 01.01.1986, before fixing their pay in the upgraded pay scale as on 01.01.1996.
3. While so, the Assured Career Progression Scheme (ACP) was introduced on 09.08.1999. The Programme staff of AIR and Doordarshan moved the Principal Bench in OA No.835/2001 seeking OA/180/00482/2018 & OA/180/00486/2018 11 financial upgradation under the ACP. The Government was directed to consider their claim. The 2nd respondent rejected the claim holding that TREX and PREX have been granted financial upgradation and hence they were not entitled for the ACP benefits. This order was challenged in OA No.2293/2001 by the Programme Association by Annexure A-7. It was allowed directing the respondents to conduct Screening Committee to consider the claim for grant of 1st and 2nd ACP. Annexure A-7 order was challenged by the respondent in OP No.4151 of 2002 before the High Court of Delhi. An interim order of stay of operation of Annexure A-7 was granted.
4. By Annexure A-9 order dated 29.05.2009, MACP was introduced by the Government of India. It was extended to AIR and Doordarshan by Annexure A-10 dated 20.01.2010.
5. While so, by Annexure A-11 an amendment was brought to Prasar Bharati Act 1990 substituting Section 11. The newly substituted Sec.11(1) read as follows:-
"11(1). All officers and employees recruited for the purposes of Akashvani or Doordarshan before the appointed day and in service in the Corporation as on 1st day of April, 2000, shall be on deemed deputation to the OA/180/00482/2018 & OA/180/00486/2018 12 Corporation with effect from the 1st day of April, 2000 and shall so continue till their retirement."
6. The question whether MACP was liable to be granted to employees of Prasar Bharati in general and to also the employees of 11 categories who have been granted upgraded higher pay scales in particular was considered by the 2nd respondent in its 109th Meeting held on 06.08.2012 and it was approved. Accordingly, the 2nd respondent issued letter to the Directorate of AIR and Doordarshan clarifying that by Prasar Bharati Amendment Act 2011, all officials of Prasar Bharati as on 05.10.2007 were entitled to all the benefits enjoyed by the Central Government employees, including the MACP. The said communication and the Minutes, produced as Annexure A-12. However, the 1st respondent Union of India by its letter dated 08.09.2014 informed the Prasar Bharati that DoP&T vide ID Note dated 10.7.13 had opined that as the benefit under MACP scheme are allowed in the financial hierarchy, upgradation available during their career would be counted against upgradation permissible under the MACP scheme. Though the said communication is not seen on record, it is seen referred in the OA/180/00482/2018 & OA/180/00486/2018 13 speaking order of the Prasar Bharati produced along with the OA, as Annexure A-18.
7. The question whether upgradation of pay scales would be counted against MACP or not was the subject matter of consideration by the Principal Bench of this Tribunal in OA No.118/2015 by Annexure A-17 order dated 31.03.2016. It was held that the said upgradation cannot be treated as promotion and hence cannot be counted against the MACP upgradation. This order is under challenge before Hon'ble High Court of Delhi in WP(C) No.2034/2017, which is still pending.
8. The staff on administrative side of the 2nd respondent approached the Madras Bench of this Tribunal in OA No.691/2013 seeking upgradation of pay scales as granted to 11 categories of employees working in AIR and Doordarshan, as per Annexure A-3 memorandum. In the reply statement, it was revealed that a Committee of Joint Secretaries consisting of Departments of Expenditure, Legal Affairs, Personnel & Training and Information and Broadcasting was constituted to look into the demand put in OA/180/00482/2018 & OA/180/00486/2018 14 by various employees. It was further informed that the COJS had submitted its report dated 03.02.2011 recommending to withdraw upgraded pay scales granted to 11 categories, in consonances with the spirit of the Cabinet decisions. Accordingly, the employees would not be entitled to upgraded scales in the event of their not getting absorbed in Prasar Bharati. It was recommended that since it was proposed to withdraw the higher scale granted to 11 categories, there was no need to extend the same to other categories. The Madras Bench after noticing that the respondents had not implemented the recommendation of COJS, directed the respondents to take instruction on this issue and to pass a reasoned and speaking order. In compliance with the above direction, a speaking order was passed deciding not to accept the recommendation of COJS to withdraw the upgraded pay scale granted by Annexure A-3. However, it was decided that upgraded pay scales granted by the respondent as per Annexure A-3 OM dated 25.02.1999 will be counted as one financial upgradation against three upgradation admissible under the MACP scheme. The said speaking order is produced as Annexure A-24.
OA/180/00482/2018 & OA/180/00486/2018 15
9. In the meanwhile, the 1st respondent concurred to the advice of the Ministry of Law and Justice and issued Annexure A-23 clarification dated 31.01.2018 regarding the admissibility of MACP to TREX and some other Engineering staff, clarifying that upgraded scale granted to 11 categories of employees of Subordinate Engineering and Programme cadre of Prasar Bharati will be treated as upgradation against three upgradations allowed under the MACP scheme and accordingly, the 2nd respondent was directed to take necessary action in terms of DoPT's OM dated 02.03.2016 on recovery of full/excess payment made to the Government servant in pursuance of the Hon'ble Supreme Court based on Rafiq Masih case.
10. Aggrieved by Annexures A-23 and A-24, the applicants have approached this Tribunal seeking the following reliefs:-
(a) Quash Annexure A23 order dated 31.01.2018 and Annexure A24 order dated 05.02.2018 issued by the 1st respondent.
(b) Declare that the upgradation of pay scales granted as per Annexure A3 OM dated 25.02.1999 to the Transmission Executives and Programme Executives is not promotion and the same cannot be adjusted against OA/180/00482/2018 & OA/180/00486/2018 16 the financial upgradations under the ACP and MACP scheme.
(c) Direct the respondents to grant the applicants financial upgradations under the ACP scheme and MACP scheme from their eligible dates reckoning their service from the date of entry in service and to revise and refix their pay accordingly and to disburse them the arrears of pay thereof within a time frame.
Facts in both the OAs' are similar, except that in the case of applicants in OA No. 486/2018, re-fixation was done by Annexures A31 and A32. Annexures A23 and A24 were stayed by order dated 13.6.2018 in OA No. 486/2018.
11. The respondents have filed a detailed reply statement and additional reply statement raising objections. It was contended that by Annexure A-3, the Ministry had upgraded the pay scales of 11 categories of employees working in Prasar Bharati, subject to certain conditions, which included that upgraded scale would be allowed not as Government employee per se, but as Government employees currently in service of Prasar Bharati, provided they exercise the option to opt to remain in Prasar Bharati. Evidently, it was clear that those who do not opt to join Prasar Bharati would revert as Government servant and would no longer be entitled to OA/180/00482/2018 & OA/180/00486/2018 17 upgraded scales. It was contended that since the applicants were employees of Prasar Bharati, benefits of ACP, which were available to the Government employee were not extended to the Programme executives. The ACP scheme was not granted earlier to the Programme Executives due to the fact that the matter of ACP was pending before the Hon'ble High Court. DG, AIR had granted the benefit of 1st and 2nd upgradation to the Programme Executives under the MACP Scheme with effect from 01.09.2008. It was further stated that the Directorate had not counted upgraded pay scale granted by Ministry vide order dated 25.02.1999 as one financial upgradation under the MACP scheme. Since the issue of granting ACP was sub-judice, it was not granted, though MACP was granted. It was further stated that the issue was referred to DoPT, which by its communication dated 04.03.2016 had advised that upgraded scales granted to the 11 categories of employees was to be treated as one upgradation against 3 upgradation allowed under the MACP scheme. Accordingly, decision was taken by the Ministry by Annexure A- 24, not to withdraw the upgradation pay scales granted by the OA/180/00482/2018 & OA/180/00486/2018 18 Ministry order dated 25.02.1999, but upgraded pay scales would be counted against one financial upgradation under the MACP in consultation with the Department of Legal Affairs. It was further stated that High Court of Delhi by Annexure A-21 had disposed Writ Petition 4151 of 2003 directing the release of payments due and payable to respondents by grant of ACP. A similar case was filed as OA No.3046/2015 by the Programme Staff of AIR & Doordarshan before the Principal Bench, New Delhi, to quash order dated 08.09.2014 and the DoPT note dated 10.07.2013, by which it was decided that upgradation granted to certain categories of employees in Prasar Bharati vide order dated 25.2.1999 was to be counted as one financial upgradation, under MACP. In the meanwhile Programme staff of AIR and Doordarshan had approached the Principal Bench, New Delhi by filing OA No.3046/2015. Though an application was filed to transfer this case, it was not granted. However, this issue was considered by the Principal Bench in OA No.2449/2018 by Annexure R-11 order. Hence, the applicants were not entitled for reliefs as prayed.
12. Heard both sides and examined records.
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13. The learned counsel for the applicant, essentially to support her claims relied on Annexures A-7, A-8, A-9, A-12 to A-18 and contended that the applicants are entitled to financial upgradation and Annexure A-3 upgraded scales of pay granted to them cannot be treated as financial upgradation as contended by the respondents. Annexure A-7 is an order of the Principal Bench in OA No.2293/2001. The programme staff association of All India Radio and Doordarshan, through their General Secretary and few individual applicants filed that OA seeking a direction to the respondents to hold a meeting of the Screening Committee to consider their claim for grant of 1st and 2nd financial upgradation under the ACP scheme. Their request was rejected by a communication of the respondents dated 28.05.2001. It was contended by the respondents that once an incumbent is covered under time bound promotion scheme including in-situ promotion scheme, he cannot avail the benefit under the ACP scheme. Tribunal held that the scheme envisaged in the respondent's OM dated 25.02.1999 was by no means an existing time bound promotion scheme nor was it an in-situ promotion scheme. Accordingly, condition No.13 in OM dated 09.08.1999 will not stand in the way of the benefits being granted to applicants. It was held that even those working OA/180/00482/2018 & OA/180/00486/2018 20 in Prasar Bharati were having been considered for grant of benefit under the ACP scheme. Accordingly, respondents were directed to hold a meeting of the Screening Committee to consider the claim of the applicants for grant of 1st and 2nd financial upgradation in accordance with the ACP scheme within a period of three months. It was directed that after the Screening Committee has cleared the case of the applicants, necessary order placing them in higher pay scales will be issued within the stipulated time. However, this was challenged in OP(CAT) 4151/2003 before the High Court of Delhi, which is stated to be pending. Annexure A-21 is the order dated 13.07.2017 in WP(C) 4151/2003. The Court was informed by the Union of India that a communication was received from Prasar Bharati, Director General, All India Radio dated 12.07.2017 to the effect that two ACPs have to be granted to the Programme Executives as per the instructions of the DoP&T. The letters dated 12.07.2017 and 12.11.2015 were placed before the Tribunal by counsel for the petitioner and were taken on record. It was stated that condition No.13 in OM dated 09.08.1999 stood clarified and clarification No.35 issued in respect of OM dated 18.07.2000 as mentioned in the impugned judgement shall be given effect to qua the respondents. The OA/180/00482/2018 & OA/180/00486/2018 21 learned counsel for the respondents submitted therein that they were satisfied with the above submission. Accordingly, the OP was disposed of recording the undertaking by the petitioners that they will abide by the time limit prescribed therein and that within 6 months payment towards ACPs could be released.
14. The learned counsel for the applicants further relied on Annexure A-8 clarification of the first respondent which purportedly informed that the upgradation granted to the employees were in continuation to the grant of 5th Pay Commission recommendation made after consultation with the DoP&T. This document cannot be relied on for any purpose, since apparently it appears to be a translated part of the file noting. The final decision taken thereon is not available on record. Hence a note prepared in the course of movement of file cannot be relied at all.
15. Annexure A-9 is a circular of Prasar Bharati dated 29.05.2009. It is stated that MACP scheme was extended to the employees of AIR and Doordarshan, including Subordinate Engineering Programme and Administrative cadre. By Annexure A-9, modified ACP scheme for employees was extended to employees of AIR and Doordarshan, OA/180/00482/2018 & OA/180/00486/2018 22 including the Subordinate Engineering Programme and Administrative employees. It was with reference to OM dated 19.05.2009 issued by the DoP&T on the matter of recommendation of MACP. The Office Order dated 20.01.2010 issued by the Prasar Bharati was enclosed along with it. It stated that the competent authority had approved the 1st, 2nd and 3rd financial upgradation under the MACP scheme, which was purely personal to the employee concerned and has no relevance to its seniority position.
16. Annexure A-12 is a circular issued by Director, Prasar Bharati dated 10.10.2013 with reference to grant of MACP to employees of Prasar Bharati in general and the 11 categories of employees who were granted higher scales in particular. It stated that the Prasar Bharati Board in its 109th meeting held on 06.08.2012 had resolved in consultation with the finance wing of Prasar Bharati that as per Amendment Act of Prasar Bharati Corporation of India, all officers and employees recruited on or after the appointed day till 05.10.2007, shall be on deemed deputation to the Corporation with effect from 01.04.2000 or the date of joining service. The amended Act also provided that officers and employees referred to in sub-section 1&2 shall be entitled to pay and all other OA/180/00482/2018 & OA/180/00486/2018 23 benefits admissible of the Central Government employees. Taking note of that, it was resolved that all employees appointed in Prasar Bharati till 05.10.2007 are entitled to all benefits enjoyed by Central Government employees including benefit of MACP.
17. Annexure A-13 is an order issued by the Deputy Director, Prasar Bharati dated 17.10.2014 wherein it was noted that ACP was applicable to those employees who joined before 05.10.2007. Since ACP was applicable to those employees who joined before 05.10.2007, MACP would also be applicable to them automatically as they were treated as Government servants. It further invited the attention to clarification No.35 of the DoP&T OM No.35034/1/97 dated 18.07.2001, wherein it was clarified that where all posts are placed in higher scales with or without change in the designation, without requirement of any new clarification holding post in higher grade, not specified in the Recruitment Rules for the existing posts and without involving any change in responsibilities and duties then of all incumbent against such upgraded posts were not to be treated as promotion/upgradation. All such employees granted upgraded scale by Ministry's orders dated 25.02.1999 were eligible for ACP and consequently MACP.
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18. Annexure A-14 is another communication dated 22.10.2014 of Prasar Bharati, clarifying on admissibility of MACP, wherein it noted that DoP&T by communication dated 08.09.2014 had conveyed that upgradation availed during career by an employee would be counted against 3 upgradations. It was noted that this advice run counter to the clarification regarding ACP contained in OM No.35034/1/97-Estt(D) dated 18.07.2001 which had specifically stated that ;
"where all the posts are placed in a higher scale of pay, with or without a change in the designation; without requirement of any new qualification for holding the post in the higher grades, not specified in the Recruitment Rules for the existing post and without involving any change in responsibilities and duties then placement of all the incumbents against such upgraded posts is not to be treated as promotion/ upgradation."
It further stated that these conditions were fully met in respect of 11 categories of employees under the Ministry of Information and Broadcasting.
19. Annexure A-17 is the order of the Principal Bench in OA No.1118/2015 which considered the question whether upgradation of pay scales would be counted against MACP or not. The Principal Bench had held that such upgradation cannot be treated as promotion and hence OA/180/00482/2018 & OA/180/00486/2018 25 cannot be counted against MACP upgradations. Annexure A-17 was assailed by the respondents in WP(C) 2034/2017 before the High Court of Delhi, and is stated to be still pending.
20. Annexure A-18 is the speaking order passed by the Deputy Director, of Prasar Bharati dated 03.06.2016 referring to the instructions given by the Ministry of Information Broadcasting that DoP&T by note dated 10.07.2013 had opined that as the benefits of MACP scheme were allowed in financial hierarchy, upgradation allowed during the career would be against 3 upgradations permissible under the MACP scheme. The speaking order stated that higher scales granted to 11 categories of employees of the Programme and Engineering Staff of AIR and Doordarshan were not upgradation but were essentially replacement scales and as such covered by clarification No.35 of OM No.35034/1/97 dated 18.07.2021. Accordingly, it was directed that PAO shall immediately desist from refixing pay of employees of AIR and Doordarshan and shall not effect any recovery.
21. Before proceeding to analyse the various materials relied on by the applicants it is essential to refer to the salient features of Annexure A3 OA/180/00482/2018 & OA/180/00486/2018 26 dated 25.2.1993. The decision to grant benefits available in Annexure A3 was taken by the Ministry of Information and Broadcasting. By the said decision it upgraded pay scales of only 11 categories of employees under the Prasar Bharati. It clarified that the employees and officers covered by the said direction were not Government employees per se, but considered as Government employees then in service in Prasar Bharati (Broadcasting Corporation of India), since Prasar Bharati Act had not been introduced. The pay scales granted were higher than the Vth Central Pay Commission scales. It was further provided that if the employee does not opt to join Prasar Bharati, he will revert back as Government servants and will no longer be entitled to the above scales. They will also be under an obligation to refund all the benefits availed by them. The said order clearly shows that the new recruits were not entitled to the upgraded scales. Other categories were given the Vth Central Pay Commission scale and the upgraded scales by the subsequent Pay Commissions. These facts clearly indicate that, as rightly contended by the learned Senior counsel for the respondents, that the benefits were extended to 11 categories only, with the object of attracting employees to the Prasar Bharat, though the learned counsel for the applicants vehemently contended otherwise.
OA/180/00482/2018 & OA/180/00486/2018 27
22. The learned counsel for the applicants placed heavy reliance on Annexure A4 at page 3 to contend that the applicants herein were entitled for the ACP notwithstanding the upgraded scales granted to them. Annexure A4 is an Office Memorandum dated 18.7.2001 issued to clarify certain doubts which had arisen in the implementation of ACP. At point No. 35 of Annexure A4, the query was whether placement/appointment in higher scales of pay based on the recommendations of Pay Commissions or committees' setup to rationalize the cadres was to be reckoned as promotions/financial up-gradations and offset against two financial up- gradations applicable under the ACP scheme. It was answered by the Department that "Where all the posts are placed in a higher scale of pay, with or without a change in the designation; without requirement of any new qualification for holding the post in the higher grade, not specified in the Recruitment Rules for the existing post, and without involving any change in responsibilities and duties, then placement of all the incumbents against such upgraded posts is not be treated as promotion/upgradation. Where, however, rationalisation/restructuring involves creation of a number of new hierarchical grades in the rationalised set up and some of the incumbents in the pre-rationalised set OA/180/00482/2018 & OA/180/00486/2018 28 up are placed in the hierarchy of the restructured set up in a grade higher than the normal corresponding level taking into consideration their length of service in existing pre-structured/pre-rationalised grade, then this will promotion/upgradation. If the rationalised/restructured grades require possession of a specific nature of qualification and experience, not specified for the existing posts in pre-rationalized set up, and existing incumbents in pre-rationalised scales/pre-structured grades, who are in possession of the required qualification/ experience are placed directly in the rationalised upgraded post, such placement will also not be viewed as promotion/upgradation. However, if existing incumbents in the pre- rationalised grades who do not possess the said qualification/experience are considered for placement in the corresponding rationalised grade only after completion of specified length of service in the existing grade, then such a placement will be taken as promotion/upgradation".
23. Though the learned counsel for the applicants heavily relied on Annexure A4 to contend that notwithstanding the upgraded pay scales extended to the employees, they are entitled for the ACP, this does not appear to be correct as clear from the clarification itself. Evidently, the up-gradations/higher pay scales as provided by Annexure A3 was not as OA/180/00482/2018 & OA/180/00486/2018 29 per the Central Pay Commission. It was also not intended to rationalise the cadres, and as contended by the Senior Panel Counsel it was clearly intended to attract the employees from Akashwani/Doordarshan to join Prasar Bharati. Clearly, the upgraded pay scales extended to the applicants was outside the scope of point No. 35 of Annexure A4.
24. The stand of Prasar Bharati is clear from Annexure A-6, by which it was informed that the issue regarding financial upgradation under ACP scheme was examined again in the Ministry of Information and Broadcasting. It was not found feasible to extend the benefit of ACP scheme to those employees who have already opted for the upgraded pay scales granted by OM dated 25.02.1999, since the scheme was already inbuilt in the above OM. It was further stated that as per the said OM upgraded pay scales were allowed not as Government employee per se, but as Government employees currently in the service of Prasar Bharati. It was held that as and when employees working in AIR and Doordarshan were asked to exercise their option, those employees who do not opt for Prasar Bharati will be removed from Government servant and will no longer be entitled for upgraded pay scales. Hence, it was categorical that upgraded pay scales were only applicable to the OA/180/00482/2018 & OA/180/00486/2018 30 employees of Prasar Bharati which is an autonomous organisation and the ACP scheme was available only for Government servants. Hence, the Programme staff Association of AIR and Doordarshan vide the said communication was informed that the post of PREX /TREX have already taken the benefit of upgraded pay scales under the Prasar Bharati and hence not entitled to financial upgradation under the ACP scheme.
25. It is seen that the Programme Staff Association of AIR and Doordarshan approached the Central Administrative Tribunal, New Delhi by filing OA No.2293/2021. Annexure A-7 is the order passed therein. This order was heavily relied on by the learned counsel for the applicant to contend that the applicants were entitled for the benefit of ACP. One of the contentions advanced by the Prasar Bharati to defend the case of the applicants was clause 13 of OM dated 09.08.1999, relating to the terms and conditions of the ACP scheme. It was contended that once incumbent was covered under the time bound promotion scheme including in situ promotion scheme, he cannot avail the benefit of ACP scheme. It was contended that ACP scheme shall have to be adopted in its totality. Rejecting it, the Principal Bench by Annexure A-7 order held that the scheme envisaged by OM dated OA/180/00482/2018 & OA/180/00486/2018 31 25.02.1999 was by no means an existing time bound promotion scheme nor was an in situ promotion scheme. Accordingly, the OA was allowed and respondents were directed to hold the meeting of the Screening Committee to consider the claim of the applicants. It was directed that once the Screening Committee had cleared the case of the applicants, necessary orders placing them in higher pay scales will be issued within a period of 15 days after the meeting of the Screening Committee.
26. The above decision heavily relied on by the applicants, to sustain the case, does not appear to be applicable to the facts of the case, for few reasons. The above was challenged in WP 4151/2003 before the Delhi High Court and a stay was granted. It seems that the reasoning of the Principal Bench was essentially based on condition No.13 in OM dated 09.08.1999 and in favour of the applicants relying on Annexure A-4, OM dated 18.07.2001 at clause No.35 which has been referred to earlier. It is seen that subsequently by Annexure R-5 in OA No.2449/2018 a contrary decision was taken by the Principal Bench, which did not follow Annexure A-7. Subsequently, by Annexures A-9 and A-10, circular and office order respectively, MACP scheme was extended to the employees of AIR and Doordarshan, including Subordinate OA/180/00482/2018 & OA/180/00486/2018 32 Engineering Programme and Administrative cadres. Annexure A-12 is the clarification issued by Prasar Bharati dated 10.10.2013 in regard to employees of 11 categories who have been granted upgraded higher scales. By Annexure A-12, it was held that by virtue of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act 2011 dated 09.01.2012, all officials appointed in Prasar Bharati till 05.10.2007 were held to be entitled to all benefits enjoyed by the Central Government employees including MACP.
27. However, it seems that audit objections were raised regarding extension of MACP to the 11 categories of employees who were granted upgraded scales. Annexure A-13 is the clarification issued by the Prasar Bharati regarding the audit objection where it was stated that since ACP was applicable to the employees who had joined before 05.10.2007, MACP would also be applicable automatically as they are treated as Government servants and there was no need for obtaining prior approval of the Administrative Ministry/Financial Advisor as laid down in DoP&T's order dated 03.08.2010. It was held that employees granted upgraded pay scales vide Ministry order dated 25.02.1999 were eligible for grant of ACP and consequently MACP. This seems to have been OA/180/00482/2018 & OA/180/00486/2018 33 reiterated again in Annexure A-14 of Prasar Bharati, addressed to the Ministry.
28. The learned counsel for the applicant further relied on Annexure A-17, the order of the Principal Bench of the Administrative Tribunal in OA No.1118/15. On the precise question which is now raised, it was held the challenge in the above OA was occasioned due to an order issued by the respondents refixing the pay of the applicants in the Grade Pay of Rs.4600/- and withdrawing the 2nd and 3rd MACP due to them. Though by Annexure A-17, it was held that the grant of upgraded scale to the applicants was in order, which was inconsistent with the earlier orders and in the light of Rafiq Masih the respondents were held to be not entitled to recover the amounts paid in excess. It is stated that the above order is also pending consideration before High Court in WP 2034/2017.
29. Records reveal that since several requests started pouring in consequent to Annexure A-3, a Committee of Joint Secretaries was constituted to look into the specific issue relating to the disparity of pay scales arising out of upgraded pay scale for 11 categories of employees OA/180/00482/2018 & OA/180/00486/2018 34 of Prasar Bharati. It is seen that the Committee recommended to withdraw the upgraded pay scale to the 11 categories. It seems that due to various reasons that recommendation was not implemented. By Annexure A-24, the Ministry of Information and Broadcasting in consultation with Department of Legal Affairs, DoP&T and Department of Expenditure resolved to count the said financial upgradation given to the 11 categories of employees as one financial upgradation under the MACP scheme against 3 upgradations. It was also stated that by Annexure A-24 that the recovery of excess payment will be regulated by DoP&T order dated 18.03.2015 issued pursuant to the decision of the Supreme Court in Rafiq Masih. It is evident that DoP&T in its earlier communication No.503/5/2014-PA(E) dated 08.09.2014 had held a view that any upgradation will be counted against MACP upgradation. This was reiterated in their subsequent communication dated 04.03.2016, which is referred to in various documents produced by the parties.
30. It is evident that DoP&T has been taking a consistent stand that the financial upgradation will be treated as one financial upgradation against 3 upgradations entitled under the MACP scheme. Prasar Bharati also seems to have shared this view, later, though in earlier orders the OA/180/00482/2018 & OA/180/00486/2018 35 Prasar Bharati seems to have taken a different view. Evidently documents relied on by the applicants will not support their case.
31. The issue was directly the subject matter of consideration before the Principal Bench in OA No.2449/2018. The order of the Principal Bench was produced as Annexure R-5. After elaborate consideration of the entire issue involved it was held by the Principal Bench that the amounts paid to the applicants and similarly situated persons towards arrears as mentioned in order dated 25.02.1999 was not liable to be recovered. It upheld the impugned orders dated 31.01.2018 and 05.02.2018. However, the Principal Bench moulded the reliefs. The operative portion of the above order is as follows:-
''24. We, therefore, dispose of the O.A. by :
(a) upholding the impugned orders dated 31.01.2018 and 05.02.2018, but directing that:
(i) The amounts paid to the applicants and similarly situated persons towards arrears as are mentioned in the order dated 25.02.1999, shall not be recovered;
(ii) The difference of the pay scale extended to them through the said order shall be adjusted towards the MACP that becomes due for them;
(iii) If the MACPs are yet to accrue to them, the recovery shall be deferred till the same is extended to them;
OA/180/00482/2018 & OA/180/00486/2018 36
(b) If inspite of exercise referred to above, any recovery becomes inevitable, the principle laid down by the Hon'ble Supreme Court in State of Punjab and others Vs. Rafiq Masih (White Washer) etc., (2015) 4 SCC 334, shall be followed''
32. The learned counsel for the applicants contended that Annexure R- 5 was rendered without reference to Annexure A-17 order of the Principal Bench. It is true that there is nothing to show that the attention of the Bench was invited to Annexure A-17. Further, Annexure R-5 being subsequent to Annexure A-17, former has to hold the field. We are also in agreement with the reasonings given by the Principal Bench and the conclusion arrived. Hence, we are inclined to follow it. Accordingly, both the OAs' are disposed of in terms of the order in OA No.2449/2018. No costs.
(Dated, this the 5th December, 2023)
(K.V. EAPEN) (JUSTICE SUNIL THOMAS)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
"va"
OA/180/00482/2018 &
OA/180/00486/2018
37
Original Application No. 180/00482/2018 List of Annexures Annexure A1 - True copy of the Letter dated 25.07.1996 addressed by the 1st respondent to the Member Fifth Pay Commission Annexure A2 - True copy of the letter No. 45011/80/97-B(A) dated 18.11.1997 issued by the 1st respondent Annexure A3 - True copy of the Order No. 310/173/97-B(D) dated 25.02.1999 issued by the 1st respondent Annexure A4 - True copy of the O.M.F.No. 35034/1/ 97- Estt(D)(Vo1.IV) dated 18.07.2001 issued by the DoPT along with the relevant pages of clarification Annexure A5 -True copy of the order dated 09.04.2001 in O.A.No. 835 of 2001 of the Principal Bench of this Honourable Bench Annexure A6 - True copy of the Letter No. 6(38)98-SI(B)/267 dated 28.05.2001 issued by the 2nd respondent to the President, Programme Staff Asscn of AIR & Doordarshan Annexure A7 - True copy of the order dated 05. 12.2002 in O.A. No. 2293 of 2001 of the Principal Bench of this Honourable Tribunal Annexure A8 - True copy of the Clarification dated 24.12.2006 addressed by the 1st respondent to the 2d respondent Annexure A9 - True copy of the Circular File No. B-121017/7/2008-WL dated 29.05.2009 issued by the Directorate General, All India Radio of the 4th respondent Annexure A10 - True copy of the Office Order F.No. 5/18/2009-SI(B) dated 20.01.2010 issued by the 3rd respondent OA/180/00482/2018 & OA/180/00486/2018 38 Annexure A11 - True copy of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2011 Annexure A12 - True copy of the letter F No. Misc-1/30/2012-PPC dated 10.10.2013 issued by the Director of the 2nd respondent along with the relevant portion of the Minutes of the 109th Meeting of the 2nd respondent Board Annexure A13 - True copy of the Letter No.M1/128/2014-PPC dated 17.10.2014 addressed by the 2' respondent to the 4th respondent Annexure A14 - True copy of the Letter No. M1/128/2014-PPC/PBRB (PartI) dated 22.10.2014 addressed by the 2nd respondent to the 1st respondent Annexure A15 - True copy of the judgment dated 27.10.2014 in W.P.(C).No.18034/2004 of the Honourable High Court of Delhi Annexure A16 - True copy of the Letter F.No. 1601/16/2016-B.A (E) dated 08.02.2016 issued by the CPIO of the 1st respondent along with the opinion rendered by the Ministry of Law and Justice Annexure A17 - True copy of the order dated 31.03.2016 of the Principal Bench of this Honourable Tribunal in OA 1118/2015 Annexure A18 - True copy of the Speaking Order No. M-1/128/2014- PPC dated 03.06.20 16 issued by the 3rd respondent Annexure A19 - True copy of the Order dated 09.01.2017 in O.A. No.691 of 2013 of the Madras Bench of this Honourable Tribunal Annexure A20 - True copy of the Letter F No. 4513/ 15/2009- BAP(Vo1.II) dated 12.07.2017 addressed by the 1st respondent to the 4th respondent OA/180/00482/2018 & OA/180/00486/2018 39 Annexure A21 - True copy of the Order dated 13.07.2017 of the Honourable High Court of Delhi in W.P.(C). No. 4151 of 2003 Annexure A22 - True copy of the Letter F NO 503/5/2014-BA(E) dated 28.12.2017 issued by the 1st respondent to the 4th respondent Annexure A23 - True copy of the Letter F No 503/05/2014-BA(E) dated 31.01.2018 issued by the 1st respondent Annexure A24 - True copy of the Speaking Order F.No. A-
56013/21/2017- BAP dated 05.02.2018 issued by the 1st respondent Annexure A25 - True copy of the letter No. PAO/AIR/CHN/PEN/2018- 2019/51 dated 06.04.2018 issued by the Pay and Accounts Officer, Chennai to the Deputy Director (E) AIR Kannur Annexure A26 - True copy of the Letter F No. 16/2/20 18-S.IV(B)/305 dated 04.05.2018 issued by the 4th respondent Annexure A27 - True copy of the final order dated 06.09.2012 in OA.
870 of 2011 of this Honourable Tribunal Annexure A28 - True copy of the order dated 10.12.2012 in RA No. 51 of 2012 of this Honourable Tribunal Annexure A29 - True copy of the judgment dated 04.07.2013 in OP (CAT)No. 919 of 2013 of the Honourable High Court of Kerala Annexure A30 - True copy of the order dated 06.02.2018 in Civil Appeal No. 2941-2942 of the Honourable Supreme Court. Annexure A-31: True copy of the judgement dated 30.03.2021 in OP(CAT) No.13 of 2021 of the Honnourable High court.
OA/180/00482/2018 & OA/180/00486/2018 40 Annexure A-32: True copy of the Letter F.No.1601/16/2016-B.A.(E) dated 08.02.2016 along with copy of the relevant pages of the file note pertaining to the advise rendered by the Department of Legal Affairs.
**** Annexure R-1 - True copy of DoPT's ID No.47539/13/CR dated 10.07.2013 Annexure R-2 - True copy of the OA No.3046/2015 filed by Programme Staff Association of AIR and Doordarshan, before the Hon'ble Principal Bench, CAT, New Delhi Annexure R-3 - True copy of the reply to OA No.3046/2015 filed by Programme Staff Association of AIR and Doordarshan, before the Hon'ble Principal Bench, CAT, New Delhi Annexure R-4 - True copy of M.A in OA No.3046/2015 filed by Programme Staff Association of AIR and Doordarshan, before the Hon'ble Principal Bench, CAT,New Delhi Annexure R-5 - Copy of order dated 01.08.2019 of the Hon'ble CAT, Principal Bench, New Delhi.
Annexure R-6: True copy of the order dated 15.01.2021 in OA 482/2018 of CAT, Ernakulam Bench.
Annexure R-7: Copy of order dated 30.03.2021 in OP(CAT) No.13/2021 Annexure R-8: True copy of order dated 09.01.2017 in OA No.691/2013 by CAT, Madras Bench Annexure R-9: True copy of speaking order dated 05.02.2018 Annexure R-10: True copy of DoPT ID No.47539/13/CR dated 10.07.2013 OA/180/00482/2018 & OA/180/00486/2018 41 Annexure R-11: True copy of Order dated 01.08.2019 in OA 2449/2018 & MA 2735/2018 by Principal Bench of CAT, New Delhi Annexure R-12: True copy of order dated 26.06.2018 in MA No.2681/2018 by Principal Bench of CAT, New Delhi. Annexure R-13: True copy of order dated 13.09.2019 in WP(C) No.9890/2019 by High Court of New Delhi Annexure R-14: True copy of order dated 05.02.2018 in WP(C) No.2034/2017 by High Court of Delhi.
Original Application No. 180/00486/2018 List of Annexures Annexure A1 - True copy of the Letter dated 25.07.1996 addressed by the 1st respondent to the Member Fifth Pay Commission Annexure A2 - True copy of the letter No. 45011/80/97-B(A) dated 18.11.1997 issued by the 1st respondent Annexure A3 - True copy of the Order No. 310/173/97-B(D) dated 25.02.1999 issued by the 1st respondent Annexure A4 - True copy of the O.M.F.No. 35034/1/ 97- Estt(D)(Vo1.IV) dated 18.07.2001 issued by the DoPT along with the relevant pages of clarification Annexure A5 -True copy of the order dated 09.04.2001 in O.A.No. 835 of 2001 of the Principal Bench of this Honourable Bench Annexure A6 - True copy of the Letter No. 6(38)98-SI(B)/267 dated 28.05.2001 issued by the 2nd respondent to the President, Programme Staff Asscn of AIR & Doordarshan OA/180/00482/2018 & OA/180/00486/2018 42 Annexure A7 - True copy of the order dated 05. 12.2002 in O.A. No. 2293 of 2001 of the Principal Bench of this Honourable Tribunal Annexure A8 - True copy of the Clarification dated 24.12.2006 addressed by the 1st respondent to the 2d respondent Annexure A9 - True copy of the Circular File No. B-121017/7/2008-WL dated 29.05.2009 issued by the Directorate General, All India Radio of the 4th respondent Annexure A10 - True copy of the Office Order F.No. 5/18/2009-SI(B) dated 20.01.2010 issued by the 3rd respondent Annexure A11 - True copy of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2011 Annexure A12 - True copy of the letter F No. Misc-1/30/2012-PPC dated 10.10.2013 issued by the Director of the 2nd respondent along with the relevant portion of the Minutes of the 109th Meeting of the 2nd respondent Board Annexure A13 - True copy of the Letter No.M1/128/2014-PPC dated 17.10.2014 addressed by the 2' respondent to the 4th respondent Annexure A14 - True copy of the Letter No. M1/128/2014-PPC/PBRB (PartI) dated 22.10.2014 addressed by the 2nd respondent to the 1st respondent Annexure A15 - True copy of the judgment dated 27.10.2014 in W.P.(C).No.18034/2004 of the Honourable High Court of Delhi Annexure A16 - True copy of the Letter F.No. 1601/16/2016-B.A (E) dated 08.02.2016 issued by the CPIO of the 1st respondent along with the opinion rendered by the Ministry of Law and Justice OA/180/00482/2018 & OA/180/00486/2018 43 Annexure A17 - True copy of the order dated 31.03.2016 of the Principal Bench of this Honourable Tribunal in OA 1118/2015 Annexure A18 - True copy of the Speaking Order No. M-1/128/2014- PPC dated 03.06.20 16 issued by the 3rd respondent Annexure A19 - True copy of the Order dated 09.01.2017 in O.A. No.691 of 2013 of the Madras Bench of this Honourable Tribunal Annexure A20 - True copy of the Letter F No. 4513/ 15/2009- BAP(Vo1.II) dated 12.07.2017 addressed by the 1st respondent to the 4th respondent Annexure A21 - True copy of the Order dated 13.07.2017 of the Honourable High Court of Delhi in W.P.(C). No. 4151 of 2003 Annexure A22 - True copy of the Letter F NO 503/5/2014-BA(E) dated 28.12.2017 issued by the 1st respondent to the 4th respondent Annexure A23 - True copy of the Letter F No 503/05/2014-BA(E) dated 31.01.2018 issued by the 1st respondent Annexure A24 - True copy of the Speaking Order F.No. A-
56013/21/2017- BAP dated 05.02.2018 issued by the 1st respondent Annexure A25 - True copy of the letter No. PAO/AIR/CHN/PEN/2018- 2019/51 dated 06.04.2018 issued by the Pay and Accounts Officer, Chennai to the Deputy Director (E) AIR Kannur Annexure A26 - True copy of the Letter F No. 16/2/20 18-S.IV(B)/305 dated 04.05.2018 issued by the 4th respondent OA/180/00482/2018 & OA/180/00486/2018 44 Annexure A27 - True copy of the final order dated 06.09.2012 in OA.
870 of 2011 of this Honourable Tribunal Annexure A28 - True copy of the order dated 10.12.2012 in RA No. 51 of 2012 of this Honourable Tribunal Annexure A29 - True copy of the judgment dated 04.07.2013 in OP (CAT)No. 919 of 2013 of the Honourable High Court of Kerala Annexure A30 - True copy of the order dated 06.02.2018 in Civil Appeal No. 2941-2942 of the Honourable Supreme Court. Annexure A-31: True copy of the statement of fixation dated 20.5.1999 with respect to the 1st applicant on Ad hoc promotion as Programme Executive.
Annexure A-32: True copy of the office order No. 05/2010 dated 20.1.2010 issued by the 2nd respondent.
Annexure A-33: True copy of the order No. TRC-1(120/2018-S dated 8.2.2018 issued to the 1st applicant by the 6th respondent. Annexure A-34: True copy of the order No. TRC-1(12)/2018-S/374 dated 8.2.2018 issued by the 6th respondent.
**** Annexure R-1 - True copy of DoPT's ID No.47539/13/CR dated 10.07.2013 Annexure R-2 - True copy of OA 3046/2015 filed in the Tribunal. Annexure R-3 - True copy of reply statement filed in the Tribunal. Annexure R-4 - True copy of M.A filed by the Department Annexure MA-1-True copy of the order of the Principal Bench in OA No. 2449/2018 dated 1.8.2019.
*** OA/180/00482/2018 & OA/180/00486/2018