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that cadre consisted of the following posts: (a) Assistant
Station Directors; (b) Instructor (Programmes); (c)
Assistant Director of Programmes; (d) Listener Research
Officer; (e) Officer on Special Duty (Kashmir); and (f)
Officer Special Duty (Hyderabad)-the last two being tempo-
rary. The Public Relations Officers were not put in the
cadre of Assistant Station Directors. Exactly the same
position is envisaged in paragraph 129 of Chapter IV,
Section 1, of the A. 1. R. Manual, Vol. 1. Under Fundamental
Rule 9(31)(c) a " post is said to be on the same time-scale
as another post on a time-scale if the two time-scales are
identical and the posts fall within a cadre, or class in a
cadre, such cadre or class having been created in order to
fill all posts involving duties of approximately the same
character or degree of responsibility, in a service or
establishment, or group of establishments". It is worthy of
note that two conditions must be fulfilled for the
application of Fundamental Rule 9(31)(c): one is that the
two time scales must be identical and the other is that the
two posts must fall in the same cadre or class in a cadre.
Paragraph 129 referred to above states in terms that
only four categories of posts mentioned therein fall within
the cadre of Assistant Station Directors, and those
categories do not include Public Relations Officers.
Learned Counsel for the appellant has referred us to
Appendix I of the A. I. R. Manual, Vol. 11, which gives the
scales of pay and classification of posts in the All India
Radio. He has pointed out that in that appendix the posts
of Assistant Station Directors (no. 77), Listener Research
Officer (no. 78) and Public Relations Officer (no. 79) all
come within Central Services, Class II, and bear the same
scale of pay and they also belong to the Programme side. We
have already pointed out that the same scale of pay is not
the only test; nor does the fact that all the above
mentioned posts belong to Class 11 determine the question
whether they belong to the same grade or cadre. We have
referred to the constitution of the cadre of Assistant
Station Directors in 1950, which shows clearly enough that
Public Relations Officers do not belong to that cadre. Many
anomalous results will follow if the scale of pay or
classification of the service, were taken to be the sole
test for determining whether the posts belong to the same
grade or cadre. The appendix referred to by learned counsel
for the appellant shows that the post of Assistant Director
of Monitoring Services bears the same scale of pay and also
belongs to Class 11 ; yet it is not suggested that that post
has any cadre or grade affinity with the posts of Assistant
Station Directors. A chemist (no. 106) and an Assistant
Engineer (no. 105) have the same scales of pay and both
belong to Class 11; but they do not belong to the same grade
or cadre; otherwise a strange result will follow in that a
chemist holding a quasi-permanent status will be entitled to
be appointed as an Engineer, on the reduction of the
chemist's post.