Young EAs/ Technicians: Congrats for the positive judgment from Hon’ble High Court,  Delhi

It is a fact that ARTEE has been making efforts to remove the discrimination prevailing, on the basis of date of joining, in various cadres especially in EA & Technician. We have been striving hard to settle the matter in both within the court nd outside the court. Though  we have won the case in the Original Application (OA) and in the Revised Application(RA – review petition) in the Principal Bench of Hon’ble CAT Delhi, Govt preferred to appeal in the High Court of Delhi vide case nos. WP©2094/2007 and WP© 2095/2007. in the beginning Govt succeeded in clubbing our cases with two other cases in which the applicants were casual employees in DD prior to 25.2.1999. afterwards, our advocates got our cases delinked form those case eventhough the cases are listed in continuation on every date of hearing. Though Sh.G.D. Gupta, one of the well known advocate of Hon’ble High Court Delhi, was pleading our case in the beginning, we were compelled to approach another senior advocate Sh. A.K.Behra since Sh. GD Gupta was ill for some time. Senior office bearers of this Association have been following up the case regularly and were present in all hearings in the Court.

We are very happy to inform you that very good arguments along with supporting documents such as the decision of the Govt to retain all employees joined on or before 05/10/2007 on deemed deputation with all facilities of Central Govt employees and the same reply by Hon’ble Minister of State for I&B in the Hon’ble Rajya Sabha on 03.05.2010 for QUESTION NO  4069 (regarding STATUS OF AIR DOORDARSHAN)we have brought to the notice of the Hon’ble High Court that there is no relevance of the cut off date of 25.2.1999 when the Govt has decided the new cut off date of 05/10/2007. The Hon’ble Judges where also observed that discrimination by creating different groups on illogical ground are not a healthy practice.   The reserved Judgment is released now and full judgment is available in our website. Hon’ble High Court Delhi disposed of the appeal terming as infructuous and stated, by quoting various verdicts of Hon’ble Supreme Court that “for employees holding same post and same work and there being no ground to classify the same in two categories, the placement of scales of pay was arbitrary. They further stated that where employees enter the cadre from two different sources, if they do the same work and are similarly placed, there can be no discrimination in payment of wages”.
We have approached the Govt, Prasar Bharati & O/o DG:AIR & DD to implement the verdict at the earliest. Copies of letters to PB & Ministry are available in website.
Similarly the file for outside court settlement was referred to Prasar Bharati after clearing their objections/ doubts on various matters. The Prasar Bharati Secretariat, sought the final status of the court case and from the O/o DG:AIR and advised them to wait for the outcome of the hearing took place on 11/8/2010. Now we have submitted the copy of the verdict for settling the file for one pay one cadre.

We are making all out efforts to settle the case in our favour, especially in the light of the positive judgment from the Hon’ble High Court Delhi. Kindly refer www.arteeindia.org for the verdict from Hon’ble High Court of Delhi. We have submitted letters to Hon’ble Minister, Secretary & Joint Secretary of I&B and the CEO & Member (P) of Prasar Bharati and both DGs of AIR &DD on 10/9/2010 along with the attested copy of the verdict requesting for immediate implementation. We met the senior officials in Ministry of I&B,  CEO & Member (P), Prasar Bharati and DG:AIR in person and requested for the earlier implementation of the verdict. We are making all out efforts to remove the prevailing discrimination at the earliest.

Letter submitted to Minister of I&B

Letter submitted to CEO, Prasar Bharati