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REPORTABLE  

IN THE SUPREME COURT OF INDIA  CIVIL APPELLATE JURISDICTION  

 CIVIL APPEAL NOS. 11948-11950 OF 2016  

UNION OF INDIA & ORS.                             .....Appellants      

Versus   

E KRISHNA RAO  & ORS ETC. ETC.                    .....Respondents  

J U D G M E N T  

Dr Dhananjaya Y Chandrachud, J  

1 The appeals arise from a judgment of the High Court of Andhra Pradesh  

dated 20 March 2014. The High Court rejected a challenge to an order of the  

Central Administrative Tribunal1 directing the appellants to provide to the  

Respondents all benefits of service and to consider their cases for promotions in  

accordance with the Indian Broadcasting  (Programme) Service Rules 1990.2  

                                                           1 The “Tribunal”  2 The Indian Broadcasting (Programme) Service Rules 1990 are referred to in this judgment as the Rules.  

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2 The First Respondent was engaged as a TV News Correspondent on  

contract for a period of five years on 6 August 1988. The second Respondent was  

engaged as a TV Assistant News Correspondent on contract on 12 August 1988.  

The Rules came into effect on 5 November 1990. They did not have a specific  

provision for the posts of TV News Correspondent and TV Assistant News  

Correspondent. The Rules define the expression ‘departmental candidates’ thus:  

“(c) “Departmental Candidates” means-   

“(i) Officers appointed on regular basis in consultation with the  

commission or on the recommendations of the Departmental Promotion  

committee, and who hold posts on regular basis or hold, lien in Group  

'A' programme cadre of All India Radio and Doordarshan on the date of  

commencement of these rules and   

(ii)All officers appointed on regular basis to the post of video  

executive in Doordarshan in the pay scale of Rs.3000-4500;”   

Rule 6, which provides for the initial constitution of the service, reads thus:   

“6. Initial Constitution of the Service:-  

(1) Subject to the provisions of sub-rules (2), (3) and () all  

departmental candidates holding posts or regular basis in the  

scales of pay of Rs. 5900-6700, Rs.3700-5000, Rs.3000-4500  

and Rs. 2200-4000 shall from the date of commencement of  

these rules, be deemed to have been appointed to the  

corresponding posts and grades in the Service.  

Provided that nothing in this sub-rule shall apply, to  

those Department Candidates who have been granted  

Selection Grade in the scale of Rs. 2200-4000.  

(2) (a) The Departmental Candidates referred to in sub-

clause (i) of clause (c) of rule 2 shall be required to convey their

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options in writing for inclusion in any one of the four Cadres of  

the Service.  

(b) In the event of options not being received within the  

stipulated time, the Departmental Candidates shall be deemed  

to have opted in the respective cadre of the All India Radio or  

Doordarshan, as the case may be, where they are working.  

Provided that the Departmental Candidates referred to  

in sub-clause (ii) of clause (c) of rule 2 shall merge with the  

Programme Production Cadre of Doordarshan and will  

maintain their separate identity as indicated in Schedule VII.  

(3) (a) The commission shall constitute a Selection Committee  

with the Chairman or a Member of the Commission, as  

President and not more than three representatives of the  

appropriate status to be nominated by the Controlling Authority  

to consider all the options from the departmental Candidates  

referred to in sub-rule (2) and recommend the cadre and the  

Medium to which such Departmental Candidates may be  

appointed, and submit lists of officers considered suitable for  

such appointment to the Commission, which shall forward to  

the Controlling Authority its  recommendations   thereon.  

(b) The decision of the Controlling Authority in respect of  

appointments based on the recommendations of the  

Commission shall be final and such appointments shall be  

deemed to have been made with effect from the date of  

constitution of the Service.  

(c) After such departmental candidates have been so  

allocated to a particular Medium or a cadre thereof they will  

continue to serve in the cadre of that medium to which they  

have been so assigned:  

Provided that the commission may, while making such  

recommendations, in respect of Departmental candidates,  

referred to in sub-rule (2), include a recommendation that  

officers considered suitable for appointment to a grade shall, if  

sufficient number of vacancies are not available in that grade,

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continue to hold the post held by them before the  

commencement of these rules and for this purpose such posts  

shall be deemed to have been excluded from the service so  

long as such offices continue to hold the said posts.  

Explanation: The absence of a member other than the  

chairman or a Member of the Commission shall not invalidate  

the proceedings of the Selection Committee.  

(4) (a) Notwithstanding anything contained in rule 7, officers  

referred to in the proviso to sub-rule (3) shall be included in the  

Service when vacancies in the said grade are available.  

 (b) Such persons who are included in the  

Service at a later date will rank–en-bloc junior to the person  

inducted into the Service at the initial constitution.  

(5) Departmental Candidates who do not desire to be  

absorbed in the Service shall, within a period of three months  

from the date of commencement of these rules, communicate  

their decision in writing to the Controlling Authority and they  

shall thereafter and subject to the other provision of these rules  

be deemed to continue to hold the posts held by them  

immediately before the commencement of these rules, and for  

this purpose, such posts shall be deemed to have been  

excluded from the Service so long as they hold the said posts.  

(6) (a) The regular continuous service of Departmental  

Candidates prior to their appointment to the Service shall count  

for purposes of promotion and confirmation.   

(b) To the extent the controlling Authority is not able to fill the  

authorised strength of the various grades in the service in  

accordance with the provisions of this rule, the same shall be  

filled in accordance with the provisions of rule 7.”  

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Note 3 of Schedule I of the IBPS Rules is as follows:  

“Note 3, Schedule I of IBPS Rules  

“3) The number of posts sanctioned for various schemes after  

1.1.1985 in All India Radio and Doordarshan will be deemed to  

have been included in the service and such posts will be added  

to the strength shown therein.”  

The posts which have been specified in Schedule I together with their scale of  

pay are reflected in the following table :  

Sl.  

No  

Grade  All India  

Radio  

Doordarshan  Scale of  

pay  

1 Senior  

administrative  

Grade Deputy  

Director General  

(Management)  

10 11 Rs.5900-

200-6700  

2 Junior  

Administrative  

Grade (Selection  

grade) Senior  

Director   

-* -* Rs. 4500-

150-5700  

3 Junior  

Administrative  

Grade Director/  

Controller   

44 15 Rs. 3700-

125-

4700-

150-5000  

4 Senior Time  

Scale Deputy  

Director/ Deputy  

Controller  

130 32 Rs. 3000-

100-

3500-

125-4500  

5 Junior Time scale  

Programme  

Officer  

144 37 Rs. 2200-

75-2800-

EB-100-

4000

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Total 328 95   

Schedule II provides for the Programme Production Cadre.  

3 On 29 November 2011, the Union Ministry of Information and Broadcasting  

sought options from the Respondents on whether they desired to be treated as  

government servants or whether they wished to continue as contractual  

employees. The First Respondent opted to be treated as a government servant.  

On 21 March 1992, the Director of Doordarshan Kendra, Hyderabad by  a  

Memorandum bearing no. TVH / 23 (6) 92-S) declared the First Respondent as a  

government servant with effect from 31 March 1992. The Memorandum reads  

thus:   

“MEMORANDUM  

The option exercised by Shri E KRISHNA RAO in the category  of T. V. NEWS CORRESPONDENT  has been considered.  Accordingly Shri E KRISHNA RAO, Doordarshan Kendra,  Hyderabad, has been declared as Government Servant with  effect from 6.8.88 Vide Director General letter No. 45011/29/91  Bd (R) dt. 29.11.91.  

All the existing rules/regulations and benefits, including  pensionary benefits, the age for retirement etc. Which are  applicable to the regular Civil Government Servants will be  applicable to him/her. Consequently the contract entered into  with him/her will stand terminated with effect from 6.8.88.  

The post of Staff Artists in the category of T.V. NEWS  CORRESPONDENT which was hitherto held by Shri E  KRISHNA RAO is here by converted into Civil post with effect  from 6.8.88 without change of designation. The fee scales in  which She/he is employed will from 6.8.88 be considered as  pay scales of the corresponding post and the fee drawn by  him/her will be the pay drawn by him/her with effect from

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6.8.88. This post would be treated to have been created as  temporary post with effect from 6.8.88 to be converted into  permanent post in due course in accordance with the  prescribed procedure.  

     For Director.”              Administrative Officer”   

The Memorandum states that all the rules/regulations and benefits, including  

pensionary benefits, age of retirement etc., which are applicable to regular   

government servants, would also apply to the First Respondent with effect from 6  

August 1988, thereby terminating the contract which he had entered into at the  

time of his recruitment. The Second Respondent was similarly declared to be a  

government servant.  

4 The Respondents were not given any promotion for twelve years. Aggrieved  

by this, they filed OA 916 of 1999 and OA 1010 of 1999 before the CAT, claiming  

that they had not received any promotion, as they were not treated as members of  

the Indian Broadcasting Programme Service by the appellants. The Tribunal  

allowed the applications of the Respondents and directed the government to grant  

them all benefits under the Rules and consider their cases for promotion.    

5 The appellants challenged the order of the Tribunal before the High Court of  

Andhra Pradesh. They submitted that since the posts of TV News Correspondent  

and TV Assistant News Correspondent have not been included in the Rules, the  

Respondents cannot be considered for promotion to the post of Junior

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Administrative Grade (selection grade) and therefore, the Tribunal had no  

jurisdiction to issue such a direction.  

6 The High Court upheld the Tribunal’s decision that acceptance by the   

Respondents of benefits under the Annual Career Progression scheme did not  

disentitle them to get equivalent pay scales. The High Court examined the meaning  

of the expression ‘departmental candidate’ in Rule 2 (c) alongwith Rule 6 and Note  

3 of Schedule I. The High Court held:  

“A bare perusal of above definition would clearly go to show  that the person who holds posts on regular basis can also be  treaded as “department candidate”. It is not in dispute before  this Court that by virtue of proceedings dated 31 March 1992  the applicants were declared as Government Servants with  retrospective effect from 6 August 1988 and 12 August 1988  respectively. Therefore the applicants fit into the definition of  “department candidate” as defined under Section 2 (c) of the  IBPS Rules, 1990. Rule 6 of the IBPS Rules is that subject to  the provisions of sub-rules (2), (3) and (4) all departmental  candidates holding posts on regular basis in the scales of pay  of Rs. 5900-6700, Rs. 3700-5000, Rs. 3000-4500 and Rs.  2200-4000 shall, from the dates of commencement of these  Rules, be deemed to have been appointed to the  corresponding posts and grades in the Service.”  

Hence, the High Court held that the Respondents fulfill the definition of a  

departmental candidate under section 2(c) of the Rules. Rule 6 provides that  

subject to the provisions of sub- rules (2), (3) and (4), all departmental candidates  

holding posts on a regular basis in the scales of pay of Rs. 5900-6700, Rs. 3700-

5000, Rs. 3000-4500 and Rs. 2200-4000, shall, from the date of commencement

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of the Rules, be deemed to have been appointed to the corresponding posts and  

grades in the Service. The High Court has also relied on Note 3 of Schedule I to   

the Rules, under which posts sanctioned for various schemes in All India Radio  

and Doordarshan after 1 January 1985 are deemed to have been included in the  

service and such posts shall be added to the strength of the cadre.   

7 Intervention Applications have been filed. The intervenors state that they fall  

in the same category as the First and Second Respondents and  hence the Rules  

should also apply to them. It was also submitted that the Petitioner offered  

promotion to the First and Second Respondents and to similar persons after a  

probation of 2 years, but even after its completion they were not promoted. The  

Intervenors have also submitted in their written submissions that two days after the  

final hearing on 9 August 2018, the appellants published a Gazette notification  

online showing truncated Recruitment Rules 2014 that exclude the Group A posts  

of TV Assistant News Correspondents to prevent the affected parties from  

benefitting.    

8 On hearing the submissions made by the Petitioner and the Respondents,  

we are of the view that the Tribunal and the High court are correct in their findings  

and conclusions.   

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9 Rule 6 which provides for the initial constitution of the service stipulates that  

from the date of the commencement of the Rules, departmental candidates who  

held posts on a regular basis in the stipulated pay scales would be deemed to have  

been appointed to corresponding posts and grades in the service. Rule 2(c)  

provides for the definition of the expression “departmental candidates”. The effect  

of Note 3 to Schedule I is that posts sanctioned after 1 January 1985 in All India  

Radio and Doordarshan would be deemed to have been included in the service  

and will be added to the strength shown therein. The High Court has observed that  

on the date of the commencement of the Rules, the pay scales of the applicants  

were Rs. 3000-4500 and Rs. 2200-4000 respectively. As a result of the deeming  

provision in Note 3, it was held that they would  be appointed to corresponding  

posts and grades in service. This finding is unexceptionable. It was not in dispute  

before the High Court that the posts of TV News Correspondent and TV Assistant  

News Correspondent were regular sanctioned posts. Based on this, it was held  

that having due regard to Rule 6 read with Rule 2(c) and Note 3 of Schedule I, the  

posts held by the Respondents shall be deemed to have been included in the  

service. This interpretation of the High Court is borne out by the Rules. Once they  

were declared to be government servants, it would be unfair and inequitable to  

deny to them all the benefits, including of pay scales and other conditions of service  

applicable to posts in the equivalent pay scale.   

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10 While affirming the judgment of the Tribunal, we clarify that   

(i) promotions which have already been effected and the existing seniority shall  

not be affected;  

(ii) in the case of employees who have retired, a notional pay fixation shall be  

carried out and retiral benefits, including pension, if any, shall be determined  

on that basis; and  

(iii) individual cases for promotion would be considered against vacancies  

available, keeping seniority in view.    

11 The appeals are accordingly disposed of in the above terms. Pending  

applications, if any, are disposed of. There shall be no order as to costs.  

…….................................................CJI               [DIPAK MISRA]  

     ……....................................................J  

                                      [Dr Dhananjaya Y Chandrachud]  

.....……...............................................J               [INDIRA BANERJEE]  

 New Delhi;   September  26, 2018.