Vs. Union of India & Ors  INSC 809
(7 December 1995)
K. Ramaswamy, K. Hansaria B.L. (J)
1996 SCC (1) 484 JT 1995 (9) 218 1995 SCALE (7)251
O R D
have heard the counsel on both sides. This appeal by special leave arises from
the order dated 13th
February, 1995 passed
by the Central Administrative Tribunal, Bombay Bench in OA No. 547/89.
appellant is questioning her promotion and transfer from Doordarshan to Akashwani.
According to the appellant, in the year 1976 when the Doordarshan Kendra was
separated from the All India Radio (A.I.R.) [sound scheme], he had opted to
remain in Doordarshan Kendra. Consequently, he is governed by the instructions
issued in the Manual by the Director General of Doordarshan Kendra. The State
has relied upon the Rules made under proviso to Article 309 of the
Constitution, viz., A.I.R. [Group `C' Posts ] Recruitment (Second Amendment )
Rules, 1988 which came into force w.e.f. 23rd May, 1988. Note [i] to Rule 2
provides thus :
Seniority lists will be maintained for clerk Grade/Storekeeper/Reception
Officer (Junior)/Caretakers working in All India Radio/Doordarshan Kendra
Stations and offices located in a State of a Group of States and Union Territories
as indicated below and promotions and transfers shall be made within a State or
group of States and Union Territories on the basis of the said list." In
the Schedule annexed to the Rules, it is mentioned in item No.9 that in "Maharashtra, Goa, Dadar-Nagar Haveli" Station Director, All India Radio, Bombay is the competent authority to
promote and transfer the candidates within the State or a group of States and Union Territories on the basis of the said list.
other words, though the A.I.R. and Doordarshan Kendra were bifurcated, as
regards the cadre relating to Clerical Grade, Store-Keeper/Reception Officer
(Junior )/Caretakers working in A.I.R./Doordarshan Kendra Stations and offices
located within the afore stated region, they can be promoted on transfer under
common seniority list maintained and they are liable to be transferred within
the region. It is not in dispute that the appellant was transferred within the
these circumstances, we do not find any illegality in the order of the Tribunal
warranting interference. The appeal is dismissed. No costs.