Court Cases Update
Pay revision of Technicians, Notional Fixation/ Court Case: As you are all aware we have been demanding for the Pay Parity for the Technicians of AIR & DD with the Lighting Assistant of Doordarshan after the up gradation of their scales in 1988. Even though the Govt. had been giving assurances in principle and the National Productivity Council (NPC) has recommended for the same in 1990 it has not yet materialized. So we have filed a case (No.1192/1995) in CAT Hyderabad which decided in our favour on 10/10/95 and directed the Deptt. to take a decision on the basis of recommendations of NPC.
As there was no decision, ARTEE had filed another petition (OA No.164/1996) on 19/01/1996 in the Principal bench of Delhi CAT. Meanwhile, the Govt. in its communication dated 06/02/1996, intimated to the applicant technicians about the verdict of Hyderabad case that no parity exists between the cadres.
Whereas the Govt. has conceded the parity from 01/01/1996 (as per the agreements on 05/12/1997 and 25/02/1999). So the case remains for extending the benefit from 01.12/1983 to 31.12.1995.
In its verdict on 14/12/1999, Principal CAT Delhi dismissed the case by sighting that the decision on the date of revision comes within the domain of the executive. Thereafter we filed the Writ Petition No. 3787 of 2000 before the Hon'ble Delhi High Court. We have engaged another Senior Advocate (with high reputation in service matters) in addition to the existing one for this case. Next date of hearing is 20th February 2004.

Meanwhile we have been demanding the Prasar Bharati and Govt. to grant the Notional Fixation for the Technicians without affecting the Court case, as both are on different footings. Sh. K.S.Sharma, CEO, Prasar Bharati declared it in ourNational Convention held at Mumbai in January 2003.

Ultimately the Prasar Bharati Board, in its meeting on 05/11/2003 agreed with our demand. The proposal has to be formally approved by the Ministries of I&B, DOP&T and Finance. We welcome the move. Though this proposal will accrue financial benefits to the affected cadres, yet the ultimate goal is total pay revision of the cadre in line of the pay revision achieved for the cadre of EAs in the past.

Removal of Qualification bar for JTS promotions: ARTEE filed a Special Leave Petition in the hon'ble Supreme Court - SLP (Civil) No. 21643/2003, against the judgement of hon'ble High Court Allahabad (Lucknow bench). After two days of hearing on 28th November and 5th December, though the SLP was not admitted as the court cited an earlier decision of the Supreme Court in the case of Sh. T. N. Khosa way back in 1974. The hon'ble court after identifying the root cause of the problem has delivered its opinion, in as many words, under the given circumstances. The Court observed, "The learned senior counsel for the petitioners by relying upon some of the subsequent judgements contends that unless some relief in some other form to prevent the total stagnation of the claims for promotion, for the rest of their service career, is devised for mitigating such grievance there will be total impediment for any promotion resulting in an irreparable scar in the rest of their service career. Though, the grievance may seem to be genuine but the remedy, if any, would lie with the department since they pertain to matters of policy and it is for the department to consider such claims appropriately. We leave liberty with the petitioners or their representative bodies to pursue the matter before the appropriate authorities. With these liberties left with the petitioners and the rejection of the SLP may not stand in their way in this regard this special leave petitions shall stand rejected."