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PETITIONER: NATIONAL UNION OF ALL INDIA RADIOAND ORS. ETC.

       Vs.

RESPONDENT: UNION OF INDIA AND ANOTHER ETC.

DATE OF JUDGMENT05/04/1990

BENCH: MISRA RANGNATH BENCH: MISRA RANGNATH SAWANT, P.B. RAMASWAMY, K.

CITATION:  1990 AIR 1720            1990 SCR  (2) 340  1990 SCC  (3) 596        JT 1990 (2)    49  1990 SCALE  (1)670

ACT:     Constitution  of  India--Article 32--A.  1.  R.  --Staff Artists--Continuation of contractual  employment--Justifica- tion for.

HEADNOTE:     Staff  Artists  of All  India  Radio/Doordarshan,  after complying with the initial requirements, used to be appoint- ed  to various positions like Announcer, News Readers,  Con- ductor, Music Compere, Instrumentalists, Producer and Script Writer etc., on contract basis upto the age of 55 years.  In May  1982, Union of India bifurcated the Staff Artists  into two  categories  like  (i) Staff Artists to  be  treated  as artists  and (ii) Staff Artists to be treated as  Government Servants.  These two sets of writ petitions have been  filed by  the Staff artists challenging the said Government  deci- sion  conveyed through circular dated 3.5.1982  and  calling upon  the staff to exercise option by the end  of  December, 1983  for final allocation to the two categories  aforesaid. In  the first writ petition direction is sought to  the  re- spondents  to  treat the Staff Artists at par  with  regular government  servants  and to restrain the  respondents  from enforcing  their  direction in regard to their  exercise  of option and in the other writ petition, the petitioners  have asked for a direction to treat the staff artists as  govern- ment servants entitled to pensionary benefits.     The  Court by its order dated 25.4.1988, on  perusal  of the  letter together with the scheme, Sent by  the  Director General  of All India Radio and following its earlier  deci- sion  in Civil Appeal No 384 of 1977 Union of  India  v.M.A. Chowdhary, A.I.R. 1987 S.C. 1526 declared that all the staff artists of All India Radio are holding civil posts under the Government,  and they are governed by Article 311(2) of  the Constitution and accordingly inter alia directed the Govern- ment of India to review the entire situation and to  prepare a  fresh scheme in accordance with law having regard to  the nature of duties performed by each category of staff artists and  further directed the case to come up for directions  on 5.9.1988.  Thereafter the Government of India  formulated  a scheme in compliance with the courts order and submitted  it

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to the Court. 340 Disposing of the writ petitions with directions, this Court,     HELD:  While dealing with the Artists as a class  it  is necessary that their special status be borne in mind. It  is a class of people who are indeed specially privileged either by  natural gift or by their own culturing of the art.  This category  of people cannot be equated with ordinary  Govern- ment servants for every purpose. [348F]     The All India Radio and the Doordarshan in their  normal functioning  would  to  a considerable  extent  depend  upon qualitative  and  efficient artists in order to  make  their programmes reach the desired level. [348G]     The  age-old  practice of the job of the  staff  artists being contractual (whether short or long) is being given  up and  contractual employment is being substituted  by  status based  Government  service. If there  are  really  efficient Artists  of different classifications who do not want to  be branded as Government servants, there is no immediate justi- fication  for  discontinuing and disturbing  them  in  toto. [348H; 349A]     Administrative  scrutiny instead of judicial  determina- tion  would  be more helpful. The Court  therefore  directed that  in the appropriate Ministry a High Power Committee  be set  up for examination of the objections with reference  to the  terms of the scheme and the final decision be taken  by the Government within six months. The views expressed in the present  decision be taken into account while  dealing  with the objections for purpose of finalising the scheme.  [349E; F-G]

JUDGMENT:     ORIGINAL  JURISDICTION:  Writ Petition  No.  13636/83  & 11760-66/84. (Under Article 32 of the Constitution of India).     G.  Ramaswamy,  A.K.  Ganguli,  M.K.  Ramamurthy,  Kapil Sibal,  R.K. Garg, S. Srinivasan, D.K. Garg, Ms.  A.  Subha- shini, B. Parthasarthi, C.V. Subba Rao, M.A.  Krishnamurthy, V.  Shekhar,  H.S. Mann, Ms. Chandan Krishnamurthy  and  Ms. Kamini Jaiswal for the appearing parties. The Judgment of the Court was delivered by     RANGANATH MISRA, J. These are applications under Article 32  of the Constitution. Petitioner No. 1 in the first  Writ Petition is the 341 National Union of All India Radio Staff Artists;  petitioner No. 2 is an Announcer of the All India Radio and happens  to be the General Secretary of the Union; petitioners No. 3  to 8 are an instrumentalist, a few news readers, announcers and the  like. The petitioners in the other writ  petitions  are seven  in number consisting of six announcers and a  tanpura player connected with the All India Radio. According to  the petitioners, the prevailing practice in All India Radio used to  be  to  offer appointments to various  people  as  Staff Artists at the first instance ordinarily for an initial term of three months and on completion of appropriate formalities appointments used to be offered for a term of three years on contract basis at a minimum monthly fee. After the expiry of the  initial  period  of two years out of  the  three  years period of working which was considered as a period of proba- tion  contractual engagement up to the age of 55  years  was being made available. On selection, as alleged by the  peti- tioners Staff Artists used to be appointed to various  posi-

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tions  like Announcer, News Readers, Conductor,  Music  Com- pere,  Instrumentalists, Producer and Script Writer  in  the All  India Radio or Producer, Production  Assistant,  Script Writer, Translator and General Assistant in Doordarshan.     In  May, 1982 the respondent Union of  India  bifurcated the Staff Artists into two categories like: (1) Staff Artists to be treated as artists; and (2) Staff Artists to be treated as Government Servants.     This decision was conveyed in a letter dated 3.5.82  and opportunity  to  exercise option to everyone by the  end  of December,  1983 for final allocation to the  two  categories was provided. The letter stipulated that those of the  Staff Artists who did not opt were to continue under the  existing terms  and conditions. The first writ petition was filed  on 12th  December, 1983, challenging the Government’s order  of 3.5.82  (Annexure 3) and for a direction to the  respondents to  treat the Staff Artists at par with  regular  Government servants  and  to restrain the  respondents  from  enforcing their direction for exercise of option.     The  other group of writ petitions was filed on 19th  of March,  1984,  the challenge therein was also  to  the  same Government letter, and petitioners asked for a direction  to the  respondents  to treat the Staff Artists  as  Government servants entitled to pensionary benefits. A return was made to the rule in the first writ petition  by filing an 342 affidavit  by the Under Secretary, Ministry  of  Information and Broadcasting. The respondents maintained that the  Staff Artists did not form one homogeneous group and job  require- ments of the Staff Artists were different from post to post. It was suggested that the Staff Artists could be convenient- ly divided into two groups, namely, those who are  appearing or performing before the micro-phone and the others who  are managing production and connected jobs. It was also  pointed out that all Staff Artists did not have the same terms as to remuneration. It was suggested that the terms and conditions governing the Staff Artists after their transformation  into Government  servants became different. In the  interests  of quality of broadcasting services, it was claimed, periodical assessments became indispensable and inevitable. The affida- vit further stated that the scheme which was enclosed to the letter  marked Annexure 3 contained a scheme which had  been evolved  after due deliberations and there was no  prejudice to  the Artists if the scheme was allowed to  become  opera- tive.     On  the 25th of April, 1988, with special  reference  to the  first writ petition and a connected civil appeal  which is not before us at this stage, the Director-General of  All India Radio sent the following communication to the respond- ent’s  lawyer  with a request that the same  may  be  placed before the Court. The letter stated: "Under the directions of Hon’ble Court, the Government  have further examined the aspects of the scheme for artist  cate- gory  to safeguard the rights of the Staff Artists from  any arbitrary  factors in respect of discharge of  duties  under their  contract  of  service  renewable  after  satisfactory performance  of their services. After  careful  examination, the Government have now set-up three types of committees  to protect  the rights of the staff artist from  any  arbitrary factors which are as under: A. Since the renewal of contract is automatic if the records are  satisfactory, it would be best to leave it to the  Sta- tion Director or the Head of the Office concerned to  review the contract after verification of the records.

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B.  In case, the records are not satisfactory, the  question of renewal of contract may be considered by a Review Commit- tee/Representation Committee as under: B(i) Review Committee (Both for AIR/Doordarshan) 343 (i) Station Director--Chairman (ii)  Two outside Assessors--Members who have  expertise  in the field to which the Artists belong. B(ii) Representation Committee (Both for AIR/Doordarshan) (i) Director General--Chairman Addl. Director General (Programme) (ii) Deputy Director--Member General (Administration) (iii) Representatives of--Member the Ministry of Information and Broadcasting. I  am  to request that a Government Counsel  may  please  be briefed accordingly to place the facts before the Honourable Court in the hearing today, i.e., dated 25th April, 88 at  2 P.M." On the basis of what transpired in Court after referring  to the said letter, this Court on that date made the  following order: "In  Civil  Appeal  No. 384 of 1977 Union  of  India  v.M.A. Chowdhary, AIR 1987 Supreme Court 1526 we have declared that all  the Staff Artists of All India Radio are holding  civil posts under the Government and they are governed by  Article 311(2) of the Constitution of India.          In  view  of  the above decision it  is  no  longer necessary to make any further declaration in these petitions that the Staff Artists are Government servants. The Circular dated  3rd May 1982 beating No. 45011/26/80/B(A)  issued  by the Ministry of Information and Broadcasting, Government  of India proceeded on the assumption that the Staff Artists who had  entered the service of the All India  Radio/Doordarshan under  the contracts were not Government servants  and  that only  those  Staff Artists specifically  mentioned  in  that Circular could become and be treated as Government 344 Servants  provided they satisfied the  conditions  mentioned therein.  In view of the decision referred to above  it  has now become necessary for the Government to review the entire question  covered by the Circular dated 3rd May,  1982.  We, therefore,  direct  the Government of India  to  review  the entire situation and to prepare a fresh scheme in accordance with law having regard to the nature of duties performed  by each  category  of  Staff Artists. While  preparing  such  a scheme  the  Government may also keep in view the  cases  of Staff  Artists  who have already exercised their  option  as provided  by the circular dated 3rd May, 1982.  Such  scheme shall  be prepared on or before 31.7.1988. After the  scheme is prepared a copy of it shall be made available to all  the parties to this case. The parties aggrieved may file  objec- tions before this Court within August 15, 1988.           This  case  shall come up for  directions  on  5th September, 1988." In terms of the direction given on the 25th of April,  1988, a  draft scheme framed by the Government has  been  produced before  the  Court  along with  an  accompanying  affidavit. Paragraph 2 of the said scheme states: "In  pursuance  of the above mentioned orders,  those  Staff Artists  who  opted for becoming ’Government  Servants’  and were found fit by duly constituted Screening Committee  were treated  as Government Servants with effect from 6.3.  1982. Such Staff Artists were made entitled to the same pensionary

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benefits  as  are applicable to  Government  Servants.  They were,  however, not entitled to any special benefits  avail- able  to them as Staff Artists. Likewise, Staff  Artists  in the  ’Artists’  category.  who opted for  being  treated  as ’Artists’ and come over to the new terms and conditions were treated as ’Artists’ with effect from 6.3.1982." Paragraph 3 provides: "The  following categories of Staff Artists/Artists  in  All India Radio/Doordarshan are, however, still to be treated as Government Servants: 345          (i) Staff Artists who opted for ’being declared  as ’Government Servants’ but were not found fit by the  Screen- ing Committee;        (ii) Staff Artists who opted for being treated as      ’Artists’ category and were declared as ’Artists’ after      screening by the Screening Committee’;          (iii) Staff Artists who opted for being treated  as ’Artists’ but were not found fit by the Screening  Committee for being treated as ’Artists’ and          (iv) Staff Artists who did not opt for being treat- ed  as ’Government Servants’ or for being treated  as  ’Art- ists’. The scheme further indicates: "4. The Government has reconsidered the entire Scheme in the light of the judgment of the Hon’ble Supreme Court delivered on  25.4.1988  in  Writ Petitions Nos.  13636  of  1983  and 11760-66  of 1984 in National Union of All India  Radio  and Others  .v. Union of India. In partial modification of  this Ministry’s  letter No. 45001/26/80-B(A) dated  3.5.1982  and No. 45011/26/80-B(A) dated 26.8.1983, it has been decided as under:--          (i) All Staff Artists/Artists working in All  India Radio  and  Doordarshan (except foreign nationals)  will  be deemed  as Government Servants holding civil posts  on  pre- scribed Central Government scales of pay.          (ii) All such Staff Artists/Artists working in  All India  Radio and Doordarshan will be entitled to  pensionary and  other benefits on the same terms and conditions as  are applicable to other Government Servants holding civil posts. They  will  be  governed by all rules  and  regulations  and general instructions issued by Government from time to  time like  FR and SR, GFR, CCS (CCA) Rules, CCS  (Conduct)  Rules and Pension Rules etc. etc. All facilities/ benefits  avail- able  to regular Central Government employees will be  auto- matically  applicable  to them also on the  same  terms  and conditions  as are applicable to regular Central  Government servants. However, any special bene- 346 fit/concession  available to such Staff Artists/Artists   of AIR  and Doordarshan, in so far these are not in  accordance with rules and regulations and general instructions applica- ble  to Central Government servants, will be withdrawn  from the date of issue of these orders.           (iii) The date of retirement on superannuation  in respect of such Staff Artists/Artists of All India Radio and Doordarshan  deemed as Government Servants will be the  same as  applicable to holders of civil posts in Central  Govern- ment.           (iv)  The contribution of such Staff  Artists/Art- ists  working  in AIR and Doordarshan made  to  Contributory Provident  Fund  (CPF) along with interest thereon  will  be transferred to their General Provident Fund (GPF)." "5. The Staff Artists/Artists working in AIR and Doordarshan deemed  as Government Servants will continue to be in  their

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existing categories and grades with regular pay scales.  The future  recruitment to each grade will be made according  to the  Recruitment  Rules  as per  procedures  prescribed  for recruitment to different posts." "6.  The posts held by the Staff Artists/Artists working  in All  India Radio and Doordarshan will stand  converted  into civil posts from the date of issue of these orders." The order made by this Court on 25th of April, 1988, was not a  final judgment and this Court had directed the  Union  of India to review the entire situation and to prepare a  fresh scheme in accordance with law having regard to the nature of duties performed by each of the categories of Staff Artists. Obviously, the intention of the Court while making the order dated 25th April, 1988, was to have the scheme placed before the  Court  for consideration. Though the  scheme  has  been styled as a draft scheme, its contents indicate that it  has been  implemented.  The main objection  of  the  petitioners against  the present scheme is the stipulation therein  that the Staff Artists will be taken as Government servants  from the date of the order. According to them, the Allahabad High Court had in its decision dated 12th of July, 1974, given  a declaration  that  all  the Staff  Artists  were  Government servants and the said decision was affirmed by this Court in a  judgment  dated May 7, 1987, reported in 1987 3  SCR  424 Union of 347 India  v. M.A. Chowdhary. It is the contention of the  peti- tioners that the benefit of conversion or declaration should be effective from 12.7.1974 and those who were in employment then  as  Staff Artists should be considered  as  Government from this date and others who joined after 12.7.74 should be conferred the status of Government servants from the date of joining. There is also a claim by the petitioners to pension for those who have retired after 12.7.1974 and prior to  the present  scheme. It is the further contention of  the  peti- tioners  that  while  formulating  the  present  scheme  the Court’s  direction  of  25th of April, 1988,  has  not  been strictly  kept  in view. Reliance has been  placed  on  this Court’s order dated 3rd April, 1984, where it was  indicated that failure of Staff Artists to exercise the option  should not  prejudice their right in any manner and either a  fresh opportunity  to exercise the option should be given or  even in the absence of option the same benefits should be  given. Some  of the objections which have been raised and  are  no- ticed  above seem to be germane and  require  consideration. This  Court’s order of 25th April, 1988, requiring  a  fresh scheme to be formulated obviously meant that the exercise of option  in terms of the order dated 3rd May, 1982,  was  not taken to be the final date for exercise of option.  Opportu- nity  to  exercise fresh option should have  been  given  or perhaps the new scheme could have accepted the position that unless  one  wanted to be not absorbed he should  have  been deemed to be accepting absorption. As in the changed setting the  class of Staff Artists was really intended to  be  done away  with  in due course, such a deeming base  should  have been accepted for convenient implementation.     One class of Staff Artists engaged under contracts wants such status to continue. Otherwise stated, they do not  want the contractual base to be changed into employment.     While  dealing with the Artists as a class it is  neces- sary  that  their special status be borne in mind. It  is  a class  of people who are indeed specially privileged  either by  natural gift or by their own culturing of the art.  This category  of people cannot be equated with ordinary  Govern- ment servants for every purpose. The All India Radio and the

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Doordarshan in their normal functioning would to a consider- able extent depend upon qualitative and efficient artists in order to make their programmes reach the desired level.  The scheme  necessarily contemplates a transitional period.  The age-old  practice  of  the job of the  Staff  Artists  being contractual  (whether short or long) is being given  up  and contractual employment is being substituted by  status-based Government service. If there are really efficient Artists of different 348 classifications who do not want to be branded as  Government servants, there is no immediate justification for discontin- uing  and disturbing them in toto. The  transitional  period could  be elongated to accommodate the appropriate  category of  Artists not willing to be absorbed as  Government  serv- ants.     Of  late, Government themselves are having a re-look  at the matter. It is their stipulation that All India Radio and Doordarshan should be made into autonomous corporations  and for  that purpose legislation is in the process. What is  in contemplation  is  contrary to what is in the  scheme.  This means  that  the matter is still in a fluid  stage.  It  is, therefore, appropriate that either a deeming position should have  been  accepted in the scheme as indicated above  or  a fresh  opportunity for exercise of option should  have  been provided.  Again, the demand of the above group  of  artists should have also been considered.     The  question  of deeming the  employees  as  Government servants  from the date of the Allahabad High Court’s  judg- ment is another issue which requires examination.  Connected with it would be the question of entitlement to pension.  We are of the view that these are aspects which should first be initially  examined by a Committee to be set up by the  Gov- ernment and after a definite view is taken it would be  open to  the  petitioners to approach the  appropriate  Court  to redress the remaining grievances, if any. The matter is such that administrative scrutiny instead of judicial  determina- tion  would  be more helpful. We,  therefore,  refrain  from expressing any final view. We reiterate that the order dated 25th of April, 1988, intended a draft scheme to be drawn  up for  consideration of the Court. The scheme as  produced  in the  Court  along with the accompanying affidavit  has  also been  described as a draft scheme. The objections raised  by the  petitioners  to the said scheme are  available  on  the record.  We direct that in the appropriate Ministry  a  High Power Committee be set up for examination of the  objections with  reference  to the terms of the scheme  and  the  final decision  be taken by the Government within six months.  The views  expressed in the present decision be taken  into  ac- count  while  dealing with the objections  for  purposes  of finalising  the  scheme. Liberty is given to  the  aggrieved parties  when final decision is taken by Government to  move the Court. These writ petitions are disposed of with these  directions. No costs. Y. Lal                                 Petition disposed of. 349