Summary
The Supreme Court affirmed that the respondent TV news staff, retrospectively declared government servants in regular sanctioned posts, were covered by the Indian Broadcasting (Programme) Service Rules, 1990. The Rules’ initial-constitution and deemed-inclusion provisions defeated the objection that their designations were not expressly listed. Service benefits and consideration for promotion followed, subject to available vacancies and seniority. Existing promotions and seniority were protected; retired employees were to receive notional pay fixation for determining retiral benefits, including pension where applicable.
Issues
- Whether the respondent news staff’s posts were deemed included in the service despite absence of their designations from the Rules.
- What limits governed promotion consideration and benefits for retired employees.
Provisions considered
- Rule 2(c), Rule 6 and Schedule I Note 3, Indian Broadcasting (Programme) Service Rules, 1990The definition of departmental candidates, initial constitution of the service and deemed inclusion of posts sanctioned after 1 January 1985 together covered the respondents’ regular sanctioned posts and corresponding grades. (¶¶ 2, 6, 9)
Held
- The respondents had been declared government servants retrospectively from their respective 1988 appointment dates. Their posts were undisputedly regular sanctioned posts and their pay scales at commencement matched the relevant grades. Deemed inclusion followed from Rule 6, Rule 2(c) and Schedule I Note 3. (¶¶ 2–3, 6, 9)
- The Tribunal and High Court correctly recognised service benefits under the Rules. The absence of the particular news-correspondent designations did not defeat the operative deeming provisions, and government-servant status could not be accompanied by denial of the equivalent service conditions. (¶¶ 5, 8–9)
- Existing promotions and seniority were not to be disturbed. Individual promotion cases were to be considered against available vacancies with seniority in view; the judgment did not direct automatic promotion irrespective of those limits. (¶¶ 10(i), 10(iii))
- For retired employees, notional pay fixation was to form the basis for determining retiral benefits, including pension if applicable. The appeals and pending applications were disposed of without costs. (¶¶ 10(ii), 11)
Result
Appeals disposed of, affirming the service-benefit ruling with protection for existing seniority and promotions, vacancy-based promotion consideration and notional fixation for retired employees. No costs.