Union Of India (Uoi) vs Anup Kumar Roy

The controversy lies within a very narrow compass.

2. The respondent was working as Transmission Executive in the Broadcasting Ministry of the Government of India. In November 1997, All India Radio was a part of the Ministry of Broadcasting. The Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (in short the 'Act') was enacted providing for creation of a Corporation with effect from the appointed date which is 23.11.1997. The respondent took voluntary retirement on 31.7.1997. Section 11 of the Act provided that option is to be called for from the employees working in the Doordarshan and All India Radio as and when they opted for the transfer from the Central Government to Prasar Bharati. No final decision in these matters had been taken. With effect from 23.11.1997 some employees were deemed to be sent on deputation to Prasar Bharati. There were demands for higher scales of pay by some employees considering which Memorandum dated 25.2.1999 was issued. The respondent filed an application before the CAT claiming that he was entitled to the benefits flowing from the aforesaid Memorandum dated 25.2.1999. The respondent in the original application i.e. present appellant took a positive stand that benefits flowing from the Memorandum Page 3182 dated 25.2.1999 issued by the Government of India. Ministry of Information and Broadcasting was available to only those who were working on the date of the Circular. During the hearing of the Original Application before the CAT several orders passed by various Benches of CAT taking similar view were placed for consideration. It was clearly held that persons similarly situated as respondents were not entitled to the benefits flowing from the Memorandum dated 25.2.1999. By its impugned judgment dated 20.12.2002 the Guwahati Bench held that the applicant who was in service till 1997 was entitled to the benefits mentioned in Clause (iv) of para 2 of the Memorandum dated 25.2.1999.

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4. The benefit of the upgraded pay scales will be available to existing incumbents only and those new direct recruits who join after issuance of these orders will not be entitled to these scales, but will be governed by pay scales recommended by the Vth Pay Commission. However, all promotions of existing incumbents shall be made in upgraded scales only.

(Underlined for emphasis)

6. A bare reading of the provisions makes the position clear that the benefits were intended to be given to those who were working in Prasar Bharati or were currently in service of Prasar Bharati (Broadcasting Corporation of India). The underlined words leave no manner of doubt. Therefore, the respondent was not entitled for upgradation of scales of pay. That being so, the order of the Tribunal as affirmed by the High Court cannot be maintained. We observe with some amount of dismay that the Guwahati Bench of CAT after having referred to various orders passed by different benches had proceeded and held that the view of co-ordinate bench of CAT was binding on it, and that the Memorandum applied to existing employees. It did not give any reason why it thought that the respondent was entitled to the benefits notwithstanding the said view. The impugned order of the Guwahati High Court affirming the order of the Guwahati Bench of CAT is set aside. The appeal is allowed. There will be no order as to costs.