CIVIL WRIT JURISDICTION CASE No.14187 OF 2007 1. THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI. 2. THE DIRECTOR GENERAL, DIRECTORATE GENERAL OF DOORDARSHAN, DOORDARSHAN BHAWAN, COPERNICUS MARG, NEW DELHI-110001. 3. THE DEPUTY DIRECTOR OF ADMINISTRATION, DIRECTORATE GENERAL OF DOORDARSHAN, DOORDARSHAN BHAWAN, COPERNICUS MARG, NEW DELHI-110001 4. THE DIRECTOR, DOORDARSHAN KENDRA, PATNA 5. THE DEPUTY DIRECTOR (ADMINISTRATION), DOORDARSHAN KENDRA, PATNA. ---------------------- Petitioners Versus SRI ANIL KUMAR, S/O- SHRI YAMUNA THAKUR, RESIDENT OF NEW BENGALI TOLA, PRAGATI PATH, PATNA-800001. ------------------Respondent For The Petitioner : MR. MANAN KUMAR MISHRA (CGC) For The Respondent : P R E S E N T THE HON'BLE MR. JUSTICE S.K.KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL S.K. Katriar, J. & Kishore K. Mandal, J. The Union of India has preferred this writ petition against the order dated 27.12.2005, passed in O.A. No. 555 of 2004, and the order dated 08.01.2007, passed in R.A. No. 48 of 2006 with M.A. No. 687 of 2006 (Union of India & Ors versus Anil Kumar). The Tribunal has, by the order dated 08.01.2007, declined to review its earlier order dated 27.12.2005. 2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was employed in a private Beauty Parlour. The Doordarshan Kendra, Patna, used to requisition his services from time to time for 2 to 3 days on each occasion, on prescribed payment. Various orders of such 2 engagement are on record marked Annexure-A series. It appears on a perusal of the same that the engagements were invariably for 3 days and on payment @ 165/- per day. The employment was entirely of casual nature. It appears that, in view of certain directions of the Principal Bench of the Central Administrative Tribunal, New Delhi, the authorities prepared a scheme notified by Office Memorandum dated 09.06.1992 (Annexure-2 series), for regularisation of such casual artists in Doordarshan Kendra. The same, inter alia, provided that: “… Those who are inducted on casual basis after 31.12.1991 will not be eligible for consideration…” The petitioner did not get the requisite relief from the respondent authorities leading to the said O.A. no. 555 of 2004, which has been allowed with the following direction: “20. Therefore, the respondents are directed to consider the regularisation of the services of the applicants in their turn in accordance with seniority as and when regular vacancies were available if they are otherwise eligible for such regularisation including the criteria laid down in the 1992 Scheme, excepting the cut-off date. In the mean time if work is available to be done by Casual Artists [of the post of Make-Up Assistants], these applicants should be considered for providing such engagement.” 3. It appears to us on a perusal of the materials on record that the scheme dated 09.06.1992 (Annexure-2 series), clearly provided that those who are engaged on casual basis after 31.12.1991 will not be eligible for consideration. The admitted position is that the petitioner was engaged on casual basis after 31.12.1991, an aspect of the matter overlooked by the 3 Tribunal. We are of the view that it was not open to the Tribunal to ignore the cut-off date. 4. In that view of the matter, the writ petition is allowed with the modification in the impugned order that the cut-off date (i.e. 31.12.1991) shall be fully respected. The remaining observations/directions in the impugned order will remain in-tact. In other words, the case of the respondent herein shall be considered strictly in accordance with the office memorandum dated 9.6.1992. Patna High Court The 10th February, 2010 NAFR/pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )