VidhiSangh

Supreme Court of India · 26/09/2018

UNION OF INDIA & ORS. versus KRISHNA RAO & ORS. ETC. ETC.

[2018] 12 S.C.R. 225 · 2018 INSC 882

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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

  1. Whether the respondent news staff’s posts were deemed included in the service despite absence of their designations from the Rules.
  2. What limits governed promotion consideration and benefits for retired employees.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 225.