Central Administrative Tribunal - Mumbai
Staff Association Of Film And ... vs Information And Broadcasting on 12 December, 2025
1 OA No.492/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.492/2023
Dated this Friday the 12th December, 2025
CORAM: Hon'ble Shri Umesh Gajankush, Member (J)
Staff Association of Film and Television
Institute of India
Through its General Secretary
Mr. K. Jagadeeswaran
Law College Road, Pune 411 004. ... Applicant
( By Advocate Shri D.J. Bhanage a/w Ms. Renuka
Patil )
VERSUS
1. Union of India
Through the Secretary,
Ministry of Information and Broadcasting
'A' Wing, Shastri Bhawan,
New Delhi - 110 001.
2. The Ministry of Finance
Milan Jackson
Alphanso
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
Reason: I am the author of this document
Location:
Government of India,
Date: 2025.12.15 10:01:10+05'30'
Through the Secretary,
Foxit PDF Reader Version: 2024.4.0
New Delhi - 110 001.
3. The Department of Personnel & Training
Ministry of Human Resource Development
Government of India,
Through the Secretary,
New Delhi - 110 001.
2 OA No.492/2023
4. The Film and Television Institute of India,
A Society registered under the provisions
Of the Societies Registration Act, 1860
(XXI of 1860), through the Director
The Film & Television Institute of India,
Law College Road, Pune - 411 004.
5. The Governing Council
Film and Television Institute of India,
Through the Chairman,
C/o. Film & Television Institute of India
Law College Road,
Pune - 411 004. ... Respondents
(By Advocate Dr. V.S. Masurkar )
Order reserved on : 08.10.2025
Order pronounced on : 12.12.2025
ORDER
The present Original Application has been filed by the applicant under Section 19 of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson the Administrative Tribunals Act, 1985 seeking 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 the following reliefs:
"8. For the reasons stated above and reasons urged at the time of hearing it is prayed that this Hon'ble Tribunal may be pleased to call for the records, proceedings and minutes maintained by all the Respondents relating to denial of GPF and Pension to the applicants, i.e. Post-1974 employees of the Fourth Respondent and on examining the legality and 3 OA No.492/2023 validity of the claim of the applicants. A. The Hon'ble Tribunal may be pleased to allow the Application and direct the respondents to grant the benefits of GPF and pension to the applicants as per the FTII Society Employees GPF-cum-Pension cum Gratuity Rules 1977 with suitable modifications and revision in terms of benefits with retrospective effect and grant consequential service and retirement benefits or B. Alternatively, direct the FTII to restore the GPF and Pension which was given to the applicant prior to 1983. B1. The reliefs mentioned in Para A and B above be kindly granted to all the applicants on whose behalf the OA is filed including the serving, retired and deceased members of the Association C. This Hon'ble Tribunal may be pleased to pass any other just, proper and equitable order as deemed fit in the facts and circumstances of the case."
2. Brief facts of the case, as stated in the OA, are that the applicant is an Association of the employees of FTII including the employees on whose behalf the present application is filed.
It is stated that the 4th respondent Institute Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= was established in 1961 in the name and style as 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 Film Institute of India by the Government of India in accordance with the recommendations of the Film Inquiry Committee constituted in 1951 with the object of providing facilities for 4 OA No.492/2023 professional training in a scientific and systematic manner in the art and technique of film making. With the advent of television, the said Institute was renamed as Film and Television Institute of India in 1974, when the Television Training Center, New Delhi catering to the requirement of training for staff of Doordarshan, New Delhi was shifted to the Film Institute, Pune. It is further stated that on 15.12.1976, the Governing Council of the Institute held meeting whose objective was to recommend rules for providing Gratuity, Provident Fund and Pensionary benefits to all pre 1974 and post 1974 employees of the Institute. In the year 1978, GPF Digitally signed by Milan Jackson Alphanso (Transferred Employees) Rules, 1977 for pre 1974 DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 employees as well as the FTII Society Employees (GPF-cum-Pension-cum-Gratuity) Rules, 1977 for post 1974 employees were approved by the Governing council of the 4th Respondent Institute in its meeting 21.03.1978.5 OA No.492/2023
2.1 It is stated that the FTII Society Employees Rules for the post 1974 employees, however, have not been implemented till the date despite repeated proposals submitted by the 4 th respondents to the 2nd and 3rd respondents. In the year 1979, the Institute approached the Ministry of Information and Broadcasting for introducing Contributory Provident Fund and the Ministry of I&B vide its letter dated 21.12.1979 advised the Institute that the Contributory Provident Fund Rules should be based, as far as possible, on the Central Provident Fund Rules (India), 1962 and in case of any deviation then it should be with justification. In the year 1980, the Governing Digitally signed by Milan Jackson Alphanso Council of the Institute proceeded to frame a so-
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 called scheme of Contributory Provident Fund specially only for the employees who joined after 01.10.1974 which was neither based on any scheme approved by the Central Government nor it as per provisions of Central Government Fund Rules 6 OA No.492/2023 (India), 1962. The said scheme was not actually implemented till December, 1983. In the month of December, 1983, the Institute unilaterally introduced Contributory Provident Fund by withdrawing the General Provident Fund and consequently the associated benefit of pension in respect of the employees who had joined and who would join after 01.10.1974.
2.2 The Governing Council by Circular dated 30.09.1987, the post 1974 employees were given option to remain under the CPF Scheme of the Institute and those who failed to give such option would be deemed to be under the Pension Scheme and GPF.
Digitally signed by Milan Jackson Alphanso
2.3 Further, vide circular dated 07.03.1988 DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 issued by the Registrar of the Institute, the circular dated 30.09.1987, offering pension to the post 1974 employees was declared as invalid and without any authority. The Governing Council, thereafter, again formulated a FTII Pension 7 OA No.492/2023 Scheme applicable to the post 1974 employees and the same scheme was in due course placed before the Governing Council meeting held on 12.02.1994. 2.4 It is stated that the concerned post 1974 employees 179 in number filed an Original Application No.286/2004 and another batch of employees working in the teaching field filed a separate Original Application No.367/2005 before this Tribunal which were finally dismissed vide order dated 11.03.2010 on the ground that the applicant were not the Central Government employees. The aforesaid order was challenged by the said applicants before the Hon'ble High Court of Bombay by way of Writ Petition No.5885/2010 Digitally signed by Milan Jackson Alphanso which was disposed of vide order dated DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 01.07.2016. Thereafter, the said applicants have filed a Review Petition No.69/2018 which was rejected vide order dated 17.12.2018. Thereafter the said applicants have filed a Special Leave Petition before the Hon'ble Supreme Court bearing 8 OA No.492/2023 SLP (C)No.29884-29885/2019 which was rejected by the Hon'ble Supreme Court. Thereafter, further Review Petition was also filed which was also dismissed. It is the case of the applicant that the Hon'ble High Court while disposing the Writ Petition No.5885/2010 was pleased to observed that in the event the FTII is in a position to and resolves to bear the entire financial burden, on account of switch over of its employees to the GPF and Pension Schemes and the FTII forwards such a proposal to the Central Government for approval, clarifying that FTII will not rely on any funds from the Central Government, such proposal be considered by the Central Government Digitally signed by Milan Jackson Alphanso in accordance with law and as expeditiously as DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 possible.
2.5 It is submitted that since no steps have been taken and being aggrieved by the consistent denial of GPF and pension to the post 1974 employees by the respondent Nos.1 to 3 and 9 OA No.492/2023 inaction of the respondent No.4 in terms of not submitting the scheme of GPF and Pension to the Ministry, the present OA has been filed on the ground that although the post 1974 employees of the 4th respondent FTII are not the Government servants but still entitled to the Gratuity and Pension as per their legitimate right and consistent denial by the respondent Nos.1 to 3 to sanction FTII Society Employees (GPF cum Pension cum Gratuity) Rules, 1977 and subsequent proposal of 1994, 1999 and 2014 framed by the 4 th respondent Institute is arbitrary, unjust and against the settled position of law that Gratuity is not gratuitous or a favour but a return for Digitally signed by Milan Jackson Alphanso the services rendered by the employees during the DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 entire tenure and amounts to right to property and livelihood. Further, action of the respondents, to withdraw the GPF and Pension Scheme of the post 1974 employees of the Institute in the year 1983 and to keep them under 10 OA No.492/2023 a so-called CPF Scheme of the 4th respondent, is arbitrary and results into withdrawal of existing benefits of the applicants and adversely changing their service conditions. Further, withdrawal of GPF and Pension of post 1974 employees was contrary to the contract of employment, Memorandum of Association of the 4th respondent duly registered with the Learned Charity Commissioner and it also violates the provisions of Section 9A of the Industrial Disputes Act, 1947 with reference to the workmen under the said Act.
2.6 It is further submitted that the respondent No.4 has been consistently holding Digitally signed by Milan Jackson Alphanso that the Governing Council of the Institute is DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 the final authority. In view of this, nothing prevents the Institute from framing and implementing appropriate GPF and Pension Scheme on its own. If the respondent Nos.1 to 3 hold that the respondent No.4 is an autonomous 11 OA No.492/2023 Institution, there is no reason for the respondent Nos.1 to 3 in not allowing the respondent No.4 from introducing the GPF and Pension Scheme. It is further submitted that many other autonomous institutes of the Government of India such as Indian Institute of Tropical Meteorology, Consortium for Education Communication, Inter-University centre for Astronomy and Astrophysics and Indian Institute of Public Administration are in receipt of the benefits of GPF and Pension and denial of this benefit to the post 1974 employees of FTII by the respondent Nos.1 to 3 is discriminatory even on this ground.
Digitally signed by Milan Jackson Alphanso
3. After issuance of notice, the official DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 respondents have filed their reply and contested the OA by raising preliminary objection that the present Original Application, without impleading atleast one affected person, is not maintainable in law. Further, it is submitted that the 12 OA No.492/2023 applicant Association is seeking reliefs for deceased employees of FTII. This is clear from page No.89, Sr. No.2, Page No.92, Sr. No.16, page No.93, Sr. Nos.21, 24, 25, 32, 36, 43, 44, 46, 51,53,54,61,62,63,64,67,69,75,81,83,109,113,116,1 20,127,133,165,174, 176. This itself shows that the applicant Association has no regard for law and CAT (Procedure) Rules, 1987. Therefore, also the OA is liable to be dismissed. The applicant Association has annexed list of employees, who are its members from Page Nos.89 to page 128. All these persons were recruited by the FTII as per the recruitment rules of FTII. Everybody has accepted the terms conditions of service offered Digitally signed by Milan Jackson Alphanso to them. The respondent No.5 has full authority DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 to make the rules and also recruit the employees for FTII. It is a Central Society governed by the respondent No.5. Thus, FTII is not department of the Government of India and, therefore, the reliefs sought for in this OA cannot be granted 13 OA No.492/2023 to them. It is stated that on the same issue one round in Central Administrative Tribunal, two rounds in Hon'ble High Court and two rounds in the Hon'ble Supreme Court, all the Courts have decided the issue against the applicants and, therefore, the principles of res-judicata will have application in this case and hence on this ground itself, OA is liable to be dismissed with cost.
3.1 It is submitted that though FTII has been established by the Ministry of Information and Broadcasting, Government of India, it is an autonomous society registered under Societies Registration Act, 1860 with a separate legal Digitally signed by Milan Jackson Alphanso entity having its own service rules and bye-laws DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 for the governance of employees to whom the Government of India Pension as laid down in Central Civil (Pension) Rules, 1972 is not automatically applicable. The Institute functions with the help of grant-in-aid received from 14 OA No.492/2023 Ministry of Information and Broadcasting, Government of India to achieve its objectives. It is also not a Department of the Ministry to apply Pension Rules for Government of India to the employees as their rightful claims as mentioned in the application. There is no violation of any principle laid down under Article 14 of the Constitution of India as alleged. It is also denied by the respondents that there was any approved 'FTII Society Employees GPF-cum-Pension- cum-Gratuity Rules 1977' as averred by the applicant, as the draft rules remained unapproved by the funding authority, which could not have been implemented till date.
Digitally signed by Milan Jackson Alphanso 3.2 It is submitted that the 1st respondent DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 i.e. Union of India has entire control on the affairs of the 4th respondent as mentioned by the applicant specially in matters having financial implications and also matters of major policy decisions even though, the 4th respondent 15 OA No.492/2023 institute is an Autonomous Society having its own Governing Council for the governance of the Institute. A Contributory Provident Fund Scheme has been implemented by the 4th respondent with the knowledge of competent authority. It is a matter of record that till 30.09.1974, the Institute was an integral part of the Ministry of Information and Broadcasting as its subordinate office. However, after the Institute was registered under the Societies Registration Act, 1860, it was converted into an Autonomous Society with effect from 01.10.1974 and was no more the integral part of the Ministry but an Autonomous Body (Society) having its own Governing Council Digitally signed by Milan Jackson Alphanso as the rule making body.
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 3.3 It is submitted that the contention that "The employees of the Central Government working in the Institute as on 01.10.1974 were given option to leave the Government service or join the Institute" is enough to mean that the 16 OA No.492/2023 employees of the Institute appointed after 01.10.1974 were to be distinguished as employees of the Autonomous Institute (Society) and not as Government employees for the purpose of service benefits. The employees who had joined the Institute prior to 01.10.1974 were given the benefits of service as Government employees since such employees were initially appointed by the Government of India and they could not have been deprived of service benefits as Government employees. The terms of appointment of employees after 01.10.1974 was different from those appointed prior to 01.10.1974 as Government employees. It is not true to say that "they are Digitally signed by Milan Jackson Alphanso as much the employees of the Institute as all DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 other employees who have come into the service of an Institute from the service of Central Government." It is also not true that the condition of service of all the employees of the Institute including the said employees who have 17 OA No.492/2023 joined after 01.10.1974 are same and common. The proposed Scheme of General Provident Fund-cum- Pension-cum-Gratuity was required to be approved by the Administrative Ministry as the funding authority being a matter having financial implications. There could not have been parity between pre and post 1974 employees as their service terms were different as clearly mentioned in the terms of appointments.
3.4 It is submitted that since the Governing council of the respondent No.4 Institute has adopted to follow Government of India rules such as FRSR, CCS (Conduct) Rules, 1964, CCS(CCA)Rules, 1965, CCS(Leave) Rules, 1972, GFR Digitally signed by Milan Jackson Alphanso etc. through a resolution, Government of India DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 rules as amended from time to time are being followed at the respondent No.4 Institute baring Pension Rules. Reservation policy of Government of India is, therefore, implemented as per directives of the Government being a Government 18 OA No.492/2023 funded Organisation.
3.5 It is submitted that it is not true to say that the Institute continues to be a Department of the Ministry of Information and Broadcasting, Government of India. Further, being a matter with financial implications, it was the respondent Nos.2 & 3 whose decision was to be honoured by respondent No.4 Institute. After conversion of the Institute as an Autonomous Society with effect from 01.10.1974, the employees appointed post 01.10.1974 were employees of the Autonomous Society and were not Government employees like those appointed prior to 01.10.1974. Further, it is not true to say Digitally signed by Milan Jackson Alphanso that the appointment orders issued to the DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 employees who joined after 1974 also specifically offered them all the benefits at par with the pre-1974 employees. It is also not true that there was no substantive change in the service conditions of the post 1974 employees inspite of 19 OA No.492/2023 the grant of autonomous status from 01.10.1974 as mentioned in the application. The specimen copies as in Annexure-I to the application does not stipulate applicability of Pension Scheme of Government of India in respect of such employees.
3.6 It is submitted that there was no issue
in respect of pre-1974 employees for
implementation of GPF and Pension Rules of
Government of India. Further, it is a fact that the recommendations of Terminal Benefits Committee Report remained unapproved by the funding authority for implementation in respect of post-1974 employees. Documents placed at Annexure-II and Annexure-III are draft rules and Digitally signed by Milan Jackson Alphanso cognizance of said draft rules were also taken by DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 the Hon'ble High Court in its judgment dated 01.07.2016 and the argument was rejected being draft rules.
3.7 It is submitted that Standing Finance Committee in its meeting held on 23rd March, 20 OA No.492/2023 1979, while considering agenda of Audit Report for the year 1977-78, directed the Institute that GPF Rules for the post - October 1974 employees should be finalized expeditiously and it appears that Institute vide letter dated 13.08.1977 might have initiated a correspondence with the Ministry in this regard and against which Ministry replied vide letter dated 21.12.1979. Standing Finance Committee meeting held on 19th & 21.09.1979, vide para 2 of agenda item 5, placed Contributory Provident Fund Rules before the committee. 3.8 It is submitted that since the GPF/Pension Rules of Government of India was not applicable in respect of post-1974 employees, the Digitally signed by Milan Jackson Alphanso Institute had to find alternative ways to cover DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 the employees under a CPF scheme as a welfare measure. The statement that introduction of Contributory Provident Fund in place of General Provident Fund and Pension was contrary to law is not true, since applicability of General 21 OA No.492/2023 Provident Fund and Pension in respect of post- 1974 employees was not approved by the competent authority (funding authority). There was no change in service conditions of such staff attracting the provisions of Section 9-A of the Industrial Disputes Act as alleged. It is true that with a view to extend the Government of India Pension Scheme and GPF in respect of post- 1974 employees, a circular was issued inviting options from the staff even as the age of superannuation was to be reduced from 60 to 58 in case of those opted for with the clear condition that the proposal was not binding either on the part of the Governing Council of FTII or the Digitally signed by Milan Jackson Alphanso Government of India. It is also true that another DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 Circular was issued on 30.09.1987 based on the Government of India OM dated 01.05.1987. However, subsequently, the same Circular was treated as cancelled through another Circular dated 07.03.1988 on the ground that the Government O.M. 22 OA No.492/2023 dated 01.05.1987 based on which the earlier Circular was issued was not applicable to employees other than employees of Government of India (Annexure-10 to the OA) and also that the earlier Circular was not issued with the approval of the proper authority.
3.9 It is submitted that it is not true that the circular dated 30.09.1987 was issued by the Governing Council to give effect to the Government of India Order of 01.05.1987. From the perusal of Annexure-9 to the OA, the circular was issued by the Superintendent (Est), without any authority, which was subsequently cancelled vide another circular dated 07.03.1988 (Annexure A-10 Digitally signed by Milan Jackson Alphanso to the OA). The respondent No.4 Institute had DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 always a desire to extend the benefits of Pension and GPF to its employees (post-1974). However, this matter involving heavy financial implications towards monthly disbursement of pension required specific prior approval of the 23 OA No.492/2023 funding authority i.e. Government of India without whose approval it was not possible to implement the Pension/GPF Scheme to the employees. It is also a fact that the Governing Council 4th respondent Institute had approved the recommendations of Terminal benefits committee, which did not get the approval of the competent authority (funding authority) for implementation. 3.10 It is submitted that the Respondent No.4 could not have implemented Government of India Pension and GPF Rules, in the absence of specific approval of the Government as the funding authority. Further, the Government of India O.M. dated 01.05.1987 annexed as Annexure-8 to the OA Digitally signed by Milan Jackson Alphanso clearly stipulated in para 3.1 that these orders DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 apply to all Civilian Central Government Employees who are subscribing to the Contributory Provident Fund under the Contributory Provident Fund Rules (India), 1962. Since the post-1974 employees of FTII were not employees of Central 24 OA No.492/2023 Government, the said Orders were not applicable to them which resulted in cancelling the earlier circular. It is not a correct statement that introduction of Pension Scheme would not create any additional financial burden on the Institute/Government as mentioned in the paragraph. Payment of Pension every month to retired employees life long being a recurring monthly expenditure with increased Dearness Relief from time to time, the Institute could not have paid monthly pension to all employees out of the funds available in the Trust Fund together with accretion thereto on account of further contribution and interests on investment as Digitally signed by Milan Jackson Alphanso mentioned in the para, without the support of DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 additional grants from the Government. 3.11 It is submitted that the Hon'ble High Court has clearly mentioned in the Order dated 01.07.2016 that there can be no comparison between the Central Government Employees, who 25 OA No.492/2023 opted for employment in the Society and the Applicants therein who were recruited post 1974 and that the erstwhile Central Government employees were absorbed in FTII on the same service conditions including GPF and Pension Scheme and also that there cannot be parity between the two categories of employees as mentioned above. Further, the observation of the Hon'ble High Court that if the Institution is in fact in a position to bear the entire burden, which might arise from the switch over, nothing prevents the FTII, even now from forwarding such a proposal to the Central Government for its approval and the Central Government could Digitally signed by Milan Jackson Alphanso consider the same as expeditiously as possible.
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 However, the Respondent No.4 Institute being a grant-in-aid Institute, has hardly any source of income baring the Government grant to meet out such additional financial burden towards the Pension requiring monthly payment to all retired 26 OA No.492/2023 employees with periodical increase in the Dearness Relief based on price index. The Central Government had already denied the Pension earlier stating the reason that the cost of the Pension scheme was much higher than the CPF Scheme and the cost of Pension increases with increase in pay scales and further that in case of winding up of the organization, the Government would have to take over the entire liability of the Pension fund of the Institute. Under these circumstances, there was no question on the part of the respondent No.4 Institute to initiate another fresh proposal as it was/is not in a position to bear such additional expenditure towards monthly Digitally signed by Milan Jackson Alphanso pension to the staff post retirement. DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 3.12 It is submitted that Terminal Benefits Committee's recommendations were noted and approved by the Governing Council in its meeting held on 21.03.1978. However, the same were required to be approved by the Ministry of 27 OA No.492/2023 Information and Broadcasting as the funding authority and consequently by the Ministry of Finance being a financial matter. However, the Ministry did not agree to approve the same for implementation. Further, it is not true to say that the post 1974 employees were also given the Appointment Orders stating that they would be entitled to Pension and GPF. It is reiterated that in the Offer of Appointments of post-1974 employees, there was no stipulation of Pension as alleged, though it was mentioned that they would contribute to GPF. This was so as even the existing CPF Scheme was not introduced at that time when the Institute was converted in to an Digitally signed by Milan Jackson Alphanso autonomous body in 1974. The amount deducted in DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 the name of GPF was maintained separately by the Institute and once the CPF scheme was introduced, the entire amount was credited to the individual CPF account of each employee. Thus, contributions deducted from the salaries of post-1974 employees 28 OA No.492/2023 was termed as General Provident Fund (GPF). However, GPF subscriptions of pre-1974 employees deducted from their salaries were maintained by the Pay and Accounts Officer, Films Division, Mumbai under the Ministry of Information and Broadcasting. Therefore, the two categories of employees cannot be equate for the purpose of service benefits. Further, this pension/GPF matter was also already considered by the Hon'ble High Court in the form of a Review Petition, which was already rejected by the Hon'ble High Court vide order dated 01.07.2016.
3.13 It is submitted that a draft note (dated 23.08.2013) which cannot be claimed as an Digitally signed by Milan Jackson Alphanso appropriate document for making a reference in DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 this matter. Further, the contention of the Applicant that the issue of pension to the employees of FTII is not a case of new proposal but pertains to restoration of earlier service conditions and grant of pension to the other 29 OA No.492/2023 similarly placed organizations, is not true at all. Post-1974 employees of FIII were never covered under Government of India Pension and, therefore, the question of restoration never arose as mentioned by the Applicant. Furthermore, even if the Tribunal has not restrained the Institution and Government from making the employees eligible for pension with appropriate Government Order, making of such a fresh proposal was not possible on the part of Respondent No.4 Institute for the reason that it was not in a position to bear the additional financial burden as observed by the Hon'ble High Court in its Order dated 01.07.2016. The said meeting held Digitally signed by Milan Jackson Alphanso with the Hon'ble Prime Minister of India on DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 13.08.2013 was prior to the judgment of Hon'ble High Court as per Order dated 1.07.2016. For the purpose of creating a corpus fund for implementation of a Pension Scheme by FTII, additional funds would have been required from 30 OA No.492/2023 the Funding Authority only, i.e. Ministry of Information and Broadcasting, Government of India, ultimately involving approval of Ministry of Finance and the Finance Ministry had already rejected the proposal involving additional financial burden earlier. The applicant has also alleged that the 4th respondent Institute did not produce or disclose this note of pendency of the Writ Petition in the Hon'ble High Court has no relevance at all as this point never arose before the Hon'ble High Court.
3.14 It is submitted that it is mentioned by the applicant that the Department of Expenditure, Ministry of Finance by its Note dated 06.05.2014 Digitally signed by Milan Jackson Alphanso did not agree to the introduction of pension DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 scheme possibly as a Government Policy. In support of this contention, the respondents are relying upon a judgment of the Hon'ble Apex Court in batch of cases, T. M. Sampath and others VS Secretary, Ministry of Water Resources and others 31 OA No.492/2023 reported in (2015) 5 SCC 333. Head Note B:
Pension Entitlement to pension - Parity between employees of NWDA, an autonomous body under aegis and control of Ministry of Water Resources and Central Govt. employees - Held, principle of parity inapplicable to employees of NWDA since NWDA cannot be treated as instrumentality of State under Art. 12 of the Constitution of India, merely on the basis that its funds are granted by Central Government - Further held, even if it is presumed that NWDA is State under Art. 12 of the Constitution, the appellants have failed to prove that they are on a par with their counterparts, with whom they claim parity - Claim to equality Digitally signed by Milan Jackson Alphanso can be made when there is discrimination by State DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 between similarly situated persons - Discrimination cannot be invoked where discrimination sought to be shown is between acts of two different authorities functioning as State under Article 12 of Constitution - employees of 32 OA No.492/2023 NWDA cannot be said to be "Central Government Employees" as stated in OM dated 01.05.1987 for its applicability.
3.15 It is submitted that no fresh proposal was initiated by the respondent No.4 Institute as it was lacking the financial viability to bear the burden, being a grant-in-aid Institute, fully dependent on the funding by the Central Government. Further, the direction of the Hon'ble High Court was conditional subject to availability of funds on the part of respondent No.4 before sending a fresh proposal on Pension. 3.16 On that basis, the respondents have prayed for dismissal of the OA.
Digitally signed by Milan Jackson Alphanso
4. Thereafter, rejoinder and additional DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 affidavit have been filed by the parties reiterating and elaborating their stand.
5. I have heard Shri D.J. Bhanage on behalf of Shri Amol Deshpande, learned counsel for the applicant and Dr. V.S. Masurkar, learned counsel 33 OA No.492/2023 for the respondents.
6. Learned counsel for the applicant vehemently argued that the impugned action of the respondents in respect of denial of GPF and Pension to the members of the Applicant Association, who have joined after 01.10.1974, is illegal and arbitrary. Learned counsel on the basis of grounds raised in the OA vehemently argued that while disposing of the Writ Petition, the Hon'ble High Court was pleased to observe that if the respondent No.4 submits a proposal then the respondent Nos.1 to 3 were directed to consider the same. However, thereafter, there is inaction on the part of the respondent No.4 Digitally signed by Milan Jackson Alphanso Institute in not submitting the scheme of GPF and DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 Pension to the Ministry and, therefore, the OA may be allowed and appropriate direction may be issued against the respondents.
7. On the other hand, Dr. V.S. Masurkar, learned counsel, on the basis of reply, 34 OA No.492/2023 vehemently argued that the present issue was the subject matter before this Tribunal in OA Nos.286/2004 and 367/2005 and the aforesaid OAs were dismissed vide order dated 11.03.2010 against which the said applicants filed Writ Petition which was also dismissed and further Review Petition of the said applicants was also rejected. Thereafter, SLP and Review Petition were also filed before the Hon'ble Supreme Court of India which were also dismissed by the Hon'ble Supreme Court of India. It is submitted that the issue raised in the present OA has already been considered and travelled upto the Hon'ble Supreme Court at the instance of the employees of the Digitally signed by Milan Jackson Alphanso respondent No.4 Institute and, therefore, again DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 raising the said issue through the Union is hit by principles of res-judicata. It is further contended that even otherwise the OA is not maintainable in the form in which it was presented. No affected employee has been 35 OA No.492/2023 impleaded alongwith the Association and, therefore, the OA is liable to be dismissed on this ground also. It is submitted that in view of the direction/observation of the Hon'ble High Court in earlier round of litigation, no proposal was sent by the respondent No.4 Institute and, therefore, there is no cause or occasion for the respondent Nos.1 to 3 to consider the same. It is further contended that the respondent No.4 is an autonomous institution and no direction can be issued by this Tribunal to send proposal to the respondent Nos.1 to 3. It is submitted that as per the rules, the retired employees of respondent No.4 has already been given the due Digitally signed by Milan Jackson Alphanso retiral benefits. On the aforesaid basis, learned DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 counsel for the respondents prayed for dismissal of the OA.
8. After hearing learned counsel for the parties and after perusal of the record, before adverting the contention raised by the learned 36 OA No.492/2023 counsel for the parties, it would be appropriate to reproduce the relevant paragraphs of the order dated 11.03.2010 passed in OA No.286/2001 and 367/2005 by the Central Administrative Tribunal, Mumbai Bench :
"2. Both these OAs have been filed by the Applicants aggrieved by the decision of the respondents regarding rejection of the proposal for reconsideration for grant of General Provident Fund and pensionary Benefits by the Governing Council of Film and Television Institute of India (FTII), Pune.
xxxxxxx
15. We have carefully gone through the pleadings, documents on record and the arguments advanced by the rival sides. We have also perused the copies of judgements produce by the parties on both sides. It is seen that Erstwhile Film Institute of India (FII) was functioning as a departmental unit of the Ministry of Information & Broadcasting under the Govt. of India till 01.10.1974. It was decided to the F.I.I. and it was accordingly converted into an autonomous organization vide Government Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 Resolution No. 5/3/1974-FPC (B) dated 23.10.1974. The present organization i.e. Film and Television Institute of d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 India FTII was, therefore, registered as a Society under the Societies Registration Act, 1960 with effect from 01.10.1974 and on this appointed date, the services of all the employees who were in the service of the institute were also transferred to this Autonomous Society. The transferred employees were continued on the same terms and conditions even after their transfer to the autonomous organisation and the same were protected. This was, however, not the case with the employees who were 37 OA No.492/2023 recruited after 01.10.1974. It is undisputed that the Applicants were recruited and appointed to the respective posts on the basis of Recruitment Rules framed by the Governing Council of the Institute. It was mentioned in the offer of Appointment issued to the Applicants at the time of their initial appointment to the FTII that "FTII is an Autonomous organization set up by the govt. of India and registered under the Societies Registration Act 1860 with effect from 01.10.1974. Service under the FTII Society is not Government Service and is governed by the Rules & Regulations of FTII prescribed from time to time." These terms and conditions along with other conditions mentioned in the offer of Appointments were accepted by the employees before the appointment letters were issued to them. It is also seen that in the letters of appointment, the terms and conditions prescribed inter alla was "in regard to leave, contribution to GPF and all other matters related to conditions of service you will be governed by the rules and orders in force from time to time as formulated by the Governing Council of the Society." There is no provision for pension scheme in the FTII for the employees who were appointed after 01.10.1974. On the other hand, it has been specified in the offer of appointment that the employees of the FTII Society appointed on or after 01.10.1974 are eligible for CPF cum Service Gratuity. It has been seen that the terms and conditions relating to the appointment of FTII employees after 01.10.1974 are not the same as applicable to the Government employees. It Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= has also been clarified by the Ld. Counsel on behalf of the Respondents that the Applicants are not paid their salary 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 and other dues from the Consolidated Fund of India. It was also pointed out that there was a delay in the formulation of rules etc. necessitating certain adhoc arrangement to be made like deduction of Provident Fund etc. which cannot be construed to confer the status of Government Employees to the employees of the FTII after 01.10.1974. Further, the issue of parity between the Applicants with Government Employees has already been dealt with by this Tribunal in T.A. 4/1999 dated 27th July, 2001 and it has 38 OA No.492/2023 already been held therein that the FTII is an autonomous Society registered under the Registration Act 1860 and cannot be equated with the Department of the Government of India. As this decision of the Tribunal has not been challenged, it has attained finality. We have also gone through judgements cited on behalf of the Applicants and in our considered opinion, the facts and circumstances in those cases differ from the facts in the present case in hand and hence distinguishable. In the cases cited on behalf of the Applicants (supra), the question for consideration was as to whether the employees of the erstwhile Department Institute absorbed in the service of the FTII on 01.10.1974 after exercising the option, would be eligible for the payment of pension etc. assured to them by the Government of India even after their appointment to higher or another post through open advertisement. Hence, the Applicants/Petitioners in those cases are not similarly situated to that of the Applicants in these two O.As. All the Applicants in the present O.A.s were recruited after 01.10.1974 on which date the F.T.I.I. was formally converted into an Autonomous Society. In view of this, therefore, we have no hesitation to arrive at a conclusive finding that the employees of F.T.I.L. i.e. the Applicants who have been appointed on or after 01.10.1974 are distinct from Government employees and therefore, Schemes like Pension and GPF applicable to Government employees cannot, ipso facto, be made applicable on the employees of F.T.I.I. Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
16. In the backdrop of the aforesaid, we do not find any 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 merit in the case relating to the employees of FTII recruited dated 01.10.1974. In the result, both the OAs viz OA No.286/04 and OA 367/05 are dismissed being devoid of merit. No order as to costs."
8.1 The relevant paragraphs of the Hon'ble High Court of Judicature at Bombay in Writ 39 OA No.492/2023 Petition No.5885/2010 decided on 01.07.2016 are extracted herein as under:
"28] The CAT, in its earlier order dated 27 July 2001 in T.A. No.4 of 1999, it appears, had already taken the view that the employees recruited after 1 October 1974, are not Central Government employees and, therefore, cannot claim either status of Central Government employees or parity with such Government employees. The CAT has noted that this decision was never challenged. We are also satisfied that the petitioners cannot claim to be Central Government employees by virtue of their recruitment at the FTII.
29] Upon cumulative consideration of the aforesaid facts, circumstances and reasons, we are satisfied that the impugned judgment and order made by the CAT does not warrant any interference in the exercise of our extra-ordinary jurisdiction under Articles 226 and 227 of the Constitution of India. This petition is, therefore, dismissed and the order of the Tribunal is confirmed. However, it is clarified that in the event the FTII is in a position to and resolves to bear the entire financial burden, on account of switch over of its employees to the GPF and Pension Schemes and the FTII forwards such a proposal to the Central Government for approval, clarifying that FTII will not rely on any funds from the Central Government, we direct that such proposal be considered by the Central Government in accordance with law and as expeditiously as Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 possible.
b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 30] Rule is disposed of, in the aforesaid terms. There shall, however, be no order as to costs.".
8.2 The order of Hon'ble High Court of Bombay in Review Petition No.69 of 2018 in Writ 40 OA No.492/2023 Petition No.5885/2010 decided on 17.12.2018 is reproduced herein as under:
"Learned Senior Counsel for the Review Petitioners has pointed out paragraph 27 of the order under Review dated 1 July 2016, wherein it is stated as follows:
"27. Mr. Bhange's submission, on the basis of certain resolutions or rules in the matter of coverage under GPF and Pension Schemes do not take the case of the petitioners any further. At the outset, it is required to be noted that the rules, which were referred to by Mr. Bhange has the General Provident Fund-Cum-Pension- Gratuity Rules, 1977, appear to be only draft Rules. This position was confirmed by Ms Masurkar, The documents on record also bear out this position substantially. If 1977 Rules, were indeed Rules in force, then it is inexplicable as to why the FTII made resolutions thereafter and forwarded proposals to the Central Government. Accordingly, there is no basis to hold that the petitioners are already covered under the GPF and Pension Schemes by virtue of the 1977 Rules."
Learned Senior Counsel submits that the Rules of 1977 are not draft Rules and that the said Rules are very much in force and there is an error apparent in the order under review.
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
2. In the Affidavit-in-Reply filed on behalf of the Respondent No.1 (running page 78 of the Review Petition), it is averred as 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 under:
"The contentions of the Applicants that the alleged draft rules are approved in the Governing Council Meeting held on 21-03-1978 are absolutely incorrect. Further these contentions are raised for the first time by way of Review Application and it was not the case of the Applicant at the stage of hearing of the main Petition."
3. Firstly, in the aforequoted paragraph 27 of the order under 41 OA No.492/2023 review, it is stated that the Rules "appear" to be only draft Rules. Moreover, the contention that the Rules of 1977 were in force was not raised in the O.A. before the Central Administrative Tribunal (CAT) nor in the Writ Petition. In any event, the core issue raised in the Petition was whether the Petitioners, who were directly recruited to FTII post 01 October 1974 could claim parity with the Central Government Employees, who were earlier engaged in the department of Information and Broadcasting Ministry. The Court went on to hold that there was no parity and confirmed the order of the CAT which was impugned in the Petition.
4. In the circumstances, we find no error apparent in the order under review. Even otherwise no case is made out to review the said order. The Review Petition is accordingly dismissed.
8.3 The order of the Hon'ble Supreme Court of India in SLP (C)D.NO.14103/2019 decided on 16.12.2019 is reproduced herein as under for ready reference:
"Delay condoned.
Application for substitution is allowed. We find no reason to interfere with the judgement/order impugned.
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 Accordingly, the Special Leave Petition is dismissed. Pending application(s), if any, shall stand disposed of."
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 8.4 The order of Review Petition (C)Diary No(s).12054/2020 in SLP (C)No.29884-29885/2019 passed by the Hon'ble Supreme Court is reproduced as under:42 OA No.492/2023
"1. Delay condoned.
2. Application for oral hearing is rejected.
3. We have gone through the review petitions and the connected papers placed on record and are convinced that the order, of which review has been sought, does not suffer from any error apparent warranting its reconsideration.
4. The review petition are, accordingly, dismissed."
9. From the perusal of the aforesaid orders passed by this Tribunal in earlier round of litigation at the instance of the employees of the respondent No.4 Institute and the further orders passed by the Hon'ble High Court of Bombay and orders passed in the SLP by the Hon'ble Supreme Court of India, it is clear that the issue raised in the present OA at the instance of the Union and that of the issues raised by the Digitally signed by Milan Jackson Alphanso employees of respondent No.4 Institute are DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 substantially same and, therefore, learned counsel for the respondents is right in his submission that on the principles of res- judicata, the issue which was substantially dealt 43 OA No.492/2023 with in earlier round of litigation at the instance of the employees cannot be re-agitated by the Union for the same employees, who have lost their case upto the Hon'ble Supreme Court.
10. Now the question arises for consideration in view of the observations made by the Hon'ble High Court in its order dated 01.07.2016 in Writ Petition No.5885/2010 is concerned, the contention of the learned counsel for the applicant that in view of the aforesaid observation, the respondent No.4 was duty bound to send proposal to the Central Government for approval and, therefore, necessary direction may be issued to the respondent No.4 in this regard.
Digitally signed by Milan Jackson AlphansoIn the earlier round of litigation, it was DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 categorically held that the employees of respondent No.4 Institute are not the Government employees and it is an admitted position that the respondent No.4 is an autonomous body registered under the provisions of Societies Registration 44 OA No.492/2023 Act, 1960. Further, in reply to para 4.62 of the OA, the official respondents categorically stated that a direction of the Hon'ble High Court was conditional subject to availability of funds on the part of the respondent No.4 for sending proposal and if there is no proposal on behalf of the respondent No.4 then no direction can be issued to the respondent Nos.1 to 3 for consideration. When there is specific stand of the respondents that "No fresh proposal was initiated by the respondent No.4 Institute as it was lacking the financial viability to bear the burden, being a grant-in-aid Institute, fully dependent on the funding by the Central Digitally signed by Milan Jackson Alphanso Government', therefore, this Tribunal has no DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0 power to issue any direction against the respondent No.4.
11. Thus, in view of the aforesaid discussion, no ground is made out for interference in the present OA. The same is 45 OA No.492/2023 liable to be dismissed and is, accordingly, dismissed. Pending MAs, if any, stand closed. No costs.
(Umesh Gajankush) Member (J) ma.
Digitally signed by Milan Jackson AlphansoDN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.12.15 10:01:10+05'30' Foxit PDF Reader Version: 2024.4.0