Case Note & Summary
The matter arose from a service dispute concerning the promotion and transfer of an employee between Doordarshan and All India Radio. The appellant, Mary Johny, challenged her transfer from Doordarshan to Akashwani (All India Radio) before the Central Administrative Tribunal, Bombay Bench in Original Application No. 547 of 1989. The Tribunal dismissed the application by order dated 13 February 1995, and the appellant appealed to the Supreme Court by special leave. The Supreme Court granted leave and heard both sides. The appellant claimed that when Doordarshan Kendra was separated from All India Radio in 1976, she had opted to remain in Doordarshan Kendra and was therefore governed by the instructions in the Manual issued by the Director General of Doordarshan Kendra. The respondent Union of India relied on the All India Radio [Group 'C' Posts] Recruitment (Second Amendment) Rules, 1988, framed under the proviso to Article 309 of the Constitution of India, which came into force with effect from 23 May 1988. Note (i) to Rule 2 of these rules provided that common seniority lists would be maintained for clerk grade, storekeeper, reception officer (junior), and caretakers working in All India Radio/Doordarshan Kendra stations and offices located in a State or group of States and Union Territories, and that promotions and transfers shall be made within that State or group on the basis of such common list. The Schedule to the Rules at item No. 9 stated that for Maharashtra, Goa, Dadra and Nagar Haveli, the Station Director, All India Radio, Bombay was the competent authority to promote and transfer candidates within that region on the basis of the common list. It was not disputed that the appellant was transferred within this region. The core legal question was whether the transfer of the appellant from Doordarshan to All India Radio was valid under the 1988 statutory rules, notwithstanding the appellant's earlier option and the internal Doordarshan Manual. The appellant contended that the Manual of the Director General governed her service conditions and transfer, and the impugned transfer was illegal. The Union of India argued that the 1988 Rules superseded any contrary instructions and specifically provided for common seniority and transfers within the notified region, which covered the appellant's transfer. The Supreme Court examined the Rules and observed that although All India Radio and Doordarshan were bifurcated, the cadre relating to clerical grade, storekeeper, reception officer (junior) and caretakers working in AIR/Doordarshan stations within the specified region remained common for purposes of promotion and transfer. The Court noted that under the Schedule, the Station Director, All India Radio, Bombay was competent to effect transfers within Maharashtra, Goa, Dadra and Nagar Haveli. Since the appellant's transfer was within the region and covered by the common seniority list, the Court found no illegality in the Tribunal's order warranting interference. Accordingly, the Supreme Court dismissed the appeal with no order as to costs.
Headnote
A) Service Law - Promotion and Transfer - Common Seniority List - All India Radio [Group 'C' Posts] Recruitment (Second Amendment) Rules, 1988, Rule 2 Note (i), Schedule Item 9 - The appellant, an employee of Doordarshan, challenged promotion and transfer to All India Radio under a common seniority list. The Court held that the 1988 Rules made under proviso to Article 309 of the Constitution provide for common seniority lists and transfers within a State or group of States for specified cadres, and such rules apply despite the earlier bifurcation of Doordarshan from All India Radio. Because the appellant was transferred within the notified region, no illegality was found and the Tribunal's order was upheld. Held that the transfer was valid and the appeal was dismissed with no costs. (Paras Not Available)
Issue of Consideration
Whether the promotion and transfer of an employee from Doordarshan to All India Radio under common seniority list rules was valid, despite the employee's earlier option to remain in Doordarshan after bifurcation.
Final Decision
The appeal was dismissed with no order as to costs. The Supreme Court found no illegality in the order of the Central Administrative Tribunal warranting interference.
Law Points
- Common seniority list for specified posts in All India Radio and Doordarshan enables promotion and transfer within a State or group of States
- Rules under Article 309 of Constitution override internal manuals
- Transfer within notified region is valid
- No illegality in Tribunal's order
