OP (CAT) No.13 of 2021 (Against Order in OA No.180/00482/2018 of CAT Ernakulam Bench)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** ## **THE HONOURABLE MR.JUSTICE K. BABU** **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** ## **OP (CAT).No.13 OF 2021** **AGAINST ORDER IN OA NO.180/00482/2018 DATED 15-01-2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** **PETITIONER/APPLICANTS NOS.1 TO 4, 6 TO 17, 19 TO 23 & 25 TO 29 AND 31 IN ORIGINAL APPLICATION:** - **1 N.SASIKUMAR AGED 55 YEARS, SON OF NARAYANAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO, VAZHUTHADAUD, THIRUVANANTHAPURAM RESIDING AT SARANYA KARA-108, TC-6/333(4), KARIMONKULAM, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM - 695 013.** - **2 BIJU MATHEW AGED 54 YEARS, SON OF I.MATHEW, PROGRAMME EXECUTIVE, COMMERCIAL BROADCASTING SERVICE, ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT 52, KALPAKA NAGAR, PETTAH P.O., CHACKAI, THIRUVANANTHAPURAM - 695 024.** - **3 G.SANTHOSH KUMAR AGED 51 YEARS, SON OF K.GOPALA PILLAI, PROGRAMME EXECUTIVE (INSITU), ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM, RESIDING AT SREELAYAM, THETTIKUNNU, KUNDARA P.O., KOLLAM - 691 501.** - **4 K.G.MURALEEDHARAN PILLAI AGED 59 YEARS, SON OF A.GOPINATHAN PILLAI, PROGRAMME EXECUTIVE, ALL INDIA RADIO,VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT POTHANOOR KRISHNAKRIPA, THAZHAKKARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT - 690 102.** **5 G.JAYA AGED 54 YEARS, WIFE OF E.KUNHIKRISHNAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT TC 1/2021, JAYAMANJU, KUMARAPURAM, THIRUVANANTHAPURAM - 695 011.** **OP (CAT).No.13 OF 2021 2** ## **6 K.USHA** **AGED 54 YEARS, DAUGHTER OF K.C.CHOZHI, PROGRAMME EXECUTIVE, ALL INDIA RADIO, DEVIKULAM, IDUKKI DISTRICT, RESIDING AT VELLEPARAMBIL HOUSE, ENGINEERING COLLEGE P.O., THRISSUR - 680 009.** ## **7 P.K.JANARDHANAN,** **AGED 55 YEARS, SON OF P.K.KANNAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO, KANNUR, RESIDING AT KADAMBARI, PANNENPARA, CHALAD P.O., KANNUR - 670 014.** - **8 T.VAHIDA** **AGED 54 YEARS, WIFE OF B.BABURAJAN NAIR, PROGRAMME EXECUTIVE,ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT PARASSERY, UNRAL-20, UDAYAGIRI NAGAR, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006.** ## **9 M.V.SASIKUMAR** **AGED 49 YEARS, SON OF M.B.MENON, PROGRAMME EXECUTIVE (INSITU), ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT SHREELAKHAM, MRAT-17/1, CHENNASSERI LANE, MARUTHAMKUZHY, KANJIRAMPARA P.O., THIRUVANANTHAPURAM - 695 030.** - **10 K.V.SARATH CHANDRAN AGED 51 YEARS, SON OF K.V.NARAYANAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO, PALLIKUNNU P.O., KANNUR RESIDING AT SARADAM, RAMARAM, NILESHWAR P.O., KASARGOD - 671 314.** ## **11 T.K.UNNIKRISHNAN** **AGED 52 YEARS, SON OF K.O.RAJAN NAMBIAR, PROGRAMME EXECUTIVE, ALL INDIA RADIO, PALLIKUNNU P.O., KANNUR, RESIDING AT VARNARAJI, NARATH P.O., KANNUR - 670 601.** - **12 P.A.BIJU** **AGED 50 YEARS, SON OF K.K.ABRAHAM, PROGRAMME EXECUTIVE, ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM, RESIDING AT PARAYAKULAM, THRIKOTHAMANGALAM P.O., KOTTAYAM - 686 011.** **OP (CAT).No.13 OF 2021 3** ## **13 K.S.PARDHAN** **AGED 52 YEARS, SON OF S.KUTTAPPAN NAIR, PROGRAMME EXECUTIVE (INSITU), COMMERCIAL BROADCASTING SERVICE, ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT PRATHEEKSHA, TC 51/2646(1), THELIBHAGAM, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006.** - **14 MATHEW JOSEPH AGED 53 YEARS, SON OF T.M.JOSEPH, PROGRAMME EXECUTIVE, ALL INDIA RADIO, BEACH ROAD, CALICUT, RESIDING AT THEKKEKAROTTU, KUNNAMANGALAM P.O., KOZHIKODE - 673 571.** - **15 JOHN KURIAN** - **AGED 54 YEARS, SON OF P.K.KURIAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO BEACH ROAD, CALICUT, RESIDING AT PADINJARETHALACKAL, SANTHURUTHY VAYAL, KARUVISSERY P.O., KOZHIKODE - 673 010.** ## **16 LEENA P.BABY** - **AGED 54 YEARS, WIFE OF JOHN KURIAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO, BEACH ROAD, CALICUT, RESIDING AT PADINJARETHALACKAL, SANTHURUTHY VAYAL, KARUVISSERY P.O., KOZHIKODE - 673 010.** ## **17 K.PRATAP PAUL** - **AGED 53 YEARS, SON OF K.M.PAUL, PROGRAMME EXECUTIVE, ALL INDIA RADIO, BEACH ROAD, CALICUT, RESIDING AT KOLLANOOR GHARANA, 3/435B, POTTANGADY RAGHAVAN ROAD, NADAKKAVU P.O., KOZHIKODE - 673 011.** - **18 UNNIKRISHNAN AGED 49 YEARS, SON OF K.RADHAKRISHNAN NAIR, PROGRAMME EXECUTIVE (INSITU), ALL INDIA RADIO, BEACH ROAD, CALICUT, RESIDING AT SHRAVANAM, PVS PARK, ROSE GARDEN, KUTHIRAVATTOM P.O., KOZHIKODE - 673 016.** - **19 C.KRISHNA KUMAR** **AGED 52 YEARS, SON OF M.VASUDEVA MENON, PROGRAMME EXECUTIVE (INSITU), ALL INDIA RADIO, BEACH ROAD, CALICUT, RESIDING AT KIZHAKKEMADOM, KALLAI P.O., KOZHIKODE - 673 003.** **OP (CAT).No.13 OF 2021 4** ## **20 P.V.PRASANTH KUMAR** **SON OF V.V.BALAKRISHNAN NAMBIAR, PROGRAMME EXECUTIVE, ALL INDIA RADIO, PALLIKUNNU P.O., KANNUR RESIDING AT PRANAVA POOJA, KANATHUR TEMPLE ROAD, PALLIKUNNU P.O., KANNUR - 670 004.** - **21 R.ANITHA VARMA** - **AGED 55 YEARS, WIFE OF K. KERALA VARMA, PROGRAMME EXECUTIVE, ALL INDIA RADIO, DEVIKULAM, IDUKKI, RESIDING AT HARITHAM, KORATTY EAST P.O., THRISSUR - 680 308.** - **22 RAVINDRAN K.P. AGED 54 YEARS, SON OF OF K.C.K.RAJA, PROGRAMME EXECUTIVE, ALL INDIA RADIO, DEVIKUAM, IDUKKI, RESIDING AT SALERAMOM, KOLAZHY, THRISSUR - 680 010.** - **23 LEKHA GOPAL AGED 56 YEARS, WIFE OF R.C.GOPAL, PROGRAMME EXECUTIVE, RABM, ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT THIRUVONAM, VANCHIYOOR, PATTOOR ROAD, TEMPLE LANE, THIRUVANANTHAPURAM - 695 035.** **24 B.VIJAYAKUMAR AGED 59 YEARS, SON OF BALAKRISHNA PILLAI, PROGRAMME EXECUTIVE, ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT TC 14/1642- 1, PADMARAGAM, FOREST OFFICE LANE (D-29), VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.** **25 SANDHIYARANI P. AGED 52 YEARS, WIFE OF K.MADHUSOODANAN, PROGRAMME EXECUTIVE, DOORDARSHAN KENDRA, THIRUVANANTHAPURAM, RESIDING AT TC 19/911(7), GREEN, SOUTH ROAD LANE, THAMALAM, POOJAPURA P.O., THIRUVANANTHAPURAM - 695 012.** - **26 V.S.KUMARI GEETHA** - **AGED 57 YEARS, WIFE OF K.SUNDAR RAJAN, PROGRAMME EXECUTIVE, DOORDARSHAN KENDRA, THIRUVANANTHAPURAM, RESIDING AT KUNNIL HOUSE, TC 9/1239, CPGP LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010.** **OP (CAT).No.13 OF 2021 5** - **27 UDAYAKUMAR V.** **AGED 54 YEARS, SON OF LATE T.R.V.NAIR, PROGRAMME EXECUTIVE, ALL INDIA RADIO, RAMAVARMAPURAM, THRISSUR, RESIDING AT PRANAVAM, HOUSE NO.41, KARUNYA NAGAR, PULINCHODU, RAMAVARMAPURAM P.O., THRISSUR - 680 631.** **BY ADVS. SMT.REKHA VASUDEVAN SMT.ELIZABETH V.JOSEPH** ## **RESPONDENTS/RESPONDENTS & APPLICANTS NO.5, 18, 24 AND 30 IN ORIGINAL APPLICATION:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF INFORMATION AND BROADCASTING, A WING, SHASTRI BHAVAN, NEW DELHI - 110 001.** - **2 PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PRASAR BHARATI SECRETARIAT, PRASAR BHARATI HOUSE, COPERNICUS MARG, NEW DELHI - 110 001.** - **3 THE SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING MINISTRY OF PERSONNEL, P G AND PENSIONS, NORTH BLOCK, NEW DELHI - 110 001.** - **4 THE DIRECTOR GENERAL ALL INDIA RADIO, AKASHVANI BHAVAN, PARLIAMENT STREET, NEW DELHI - 110 001.** - **5 THE STATION DIRECTOR ALL INDIA RADIO, BHAKTI VILASAM, VAZHUTHACAUD, THIRUVANANTHPAURAM, KERALA - 695 014.** - **6 THE DIRECTOR, DOORDARSHAN KENDRA KADAPPANAKUNNU, THIRUVANANTHAPURAM, KERALA - 695 043.** - **7 N.VASUDEV** ## **AGED 54 YEARS, SON OF V.N.UNNI,** **PROGRAMME EXECUTIVE, ALL INDIA RADIO, VAZHUTHACAUD, THIRUVANANTHAPURAM RESIDING AT PARAMESWARI,** **OP (CAT).No.13 OF 2021 6** **SIVANCOIL STREET, FORT, THIRUVANANTHAPURAM - 695 023.** **8 ASWATHI T.V. AGED 54 YEARS, WIFE OF V.BALAKRISHNAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO, BEACH ROAD, CALICUT, RESIDING AT GAYATHRI, JANATHA ROAD, KARUVASSERY P.O., KOZHIKODE - 673 010.** **9 VENUGOPALAN C.B. AGED 57 YEARS, SON OF C.V.BALAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO, THRISSUR, RESIDING AT CHETTAKULAM HOUSE, VELLANIKARA P.O., THRISSUR - 680 654.** **10 PRASAD BALAKRISHNAN AGED 58 YEARS, SON OF LATE D.BALAKRISHNAN, PROGRAMME EXECUTIVE, ALL INDIA RADIO, KAVARATTI, UNION TERRIROTY OF LAKSHADWEEP, PERMANENTLY RESIDING AT 3/543-4, THEJUS, AAGOSHAM CORNER, PADUKKAD, VIYYUR P.O., THRISSUR - 680 010.** **BY SRI.K.R.RAJKUMAR, C.G.C.** ## **OTHER PRESENT:** **R1-6 BY SRI.P.VIJAYAKUMAR, ASGI** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19-03-2021, THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING:** **OP (CAT).No.13 OF 2021 7** ## **ALEXANDER THOMAS & K. BABU, JJ.** ---------------------------------------------------- ## O.P.(CAT) No.13 of 2021 _[arising out of order dated 15.01.2020 in O.A. No.180/00482/2018 of C.A.T., EKM Bench]_ ---------------------------------------------- Dated this the 30[th] day of March, 2021 ## **JUDGMENT** ## **Alexander Thomas, J.** The prayers in the above captioned OP filed under Articles 226 & 227 of the Constitution of India are as follows: - _“i. Set aside the Exhibit P12 order dated 15.01.2021 of the Honourable Central Administrative Tribunal and to allow the Exhibit P1 original application on the files of the Honourable Central Administrative Tribunal, Ernakulam Bench as prayed for._ - _ii. Grant such other reliefs as may be prayed for and as the court may deem fit to grant and_ - _iii. Grant the cost of the original petition.”_ 2. Heard Smt. Rekha Vasudevan, the learned Counsel appearing for the petitioners in the O.P/applicants other than 5, 18, 24 & 30 in the O.A. before the Tribunal, Sri.P.Vijayakumar, the learned Assistant Solicitor General of India, appearing for the official respondents 1 to 6. We have dispensed the notice to contesting respondents 7 to 10 herein who are the original ## **OP (CAT).No.13 OF 2021 8** applicants 5, 8, 24 & 30 and who are sailing together with the petitioners for hearing as co-applicants have been dispensed with. 3. The prayers in the instant O.A.No.482/2018 (Ext.P1) filed before the Central Administrative Tribunal, Ernakulam Bench, are as follows: - _“a. Quash Annexure A23 order dated 31.01.2018 and Annexure A 24 order dated 05.02.2018 issued by the 1[st] respondent._ - _b. Declare that the upgradation of pay scales granted as per Annexure A3 OM dated 25.02.1999 to the Transmission Executives and Programme Executives is not promotion and the same cannot be adjusted against the financial upgradations under the ACP and MACP scheme._ - _c. Direct the respondents to grant the applicants financial upgradation under the ACP Scheme and MACP Scheme from their eligible dates reckoning their service from the date of entry in service and to revise and refix their pay accordingly and to disburse them the arrears of pay thereof within a time frame._ - _d. To grant such other reliefs as may be prayed for and the court may deem fit to grant, and_ - _e. Grant the cost of this Original Application.”_ 4. The Tribunal after hearing both sides, has rendered the impugned Ext.P12 final order dated 15.01.2021, whereby, it has been observed as follows in paragraph Nos.8 & 9. **OP (CAT).No.13 OF 2021 9** - _“8. According to the respondents, the Hon'ble Delhi High Court is seized of this matter in WP(C) No.9890/2019 and the operation of the order of Principal Bench is stayed. In this circumstances, we are of the opinion that there is no purpose in keeping this Original Application indefinitely._ _9. Hence we are disposing of this Original Application by directing the respondents to consider the grievances raised by the applicants herein also as they are similarly placed if the W.P.(C) 9890/2019 pending in the Hon'ble Delhi High Court goes in favour of the applicants in this case._ “ 5. After hearing both sides, it is seen that the applicants who were represented by an Advocate, had sought adjournment of the day in question (15.01.2021), when what was listed before the Tribunal was the Miscellaneous Application and not the main matter in the present O.A. No.482/2018. Request for adjournment has been denied by the Tribunal and the Tribunal has proceeded to decide the main matter in the O.A. on the same day., though what was listed before the Tribunal on that day was only the Miscellaneous Application and this led to the rendering of impugned Ext.P12 final order dated 15.01.2021 in O.A. No.482/2018. Hence, from the above said pleadings of the petitioners it appear that petitioners have made out a strong case that the impugned **OP (CAT).No.13 OF 2021 10** decision may warrant interdiction, as reasonable opportunity of being heard to the applicants was not granted. Ordinarily, in a case of this nature, the remedy of the party would be to file a review application or even an application to recall and re-hear the matter on the ground that the party is adversely affected by the decision of the forum and the party was not afforded an opportunity of being heard. However, in view of the _prima facie_ case made out by the petitioners herein, we deem it fit to proceed with the matter even otherwise. However, at the outset, we would hold that the decision making process of the Tribunal which led to the impugned Ext.P12 final order would deserve interdiction in as much as reasonable opportunity of being heard was denied to the applicants. 6. From a reading of the impugned Ext.P12 final order rendered by the Tribunal in the instant O.A. No.482/2018 it can be seen that the Tribunal has noted that its Principal Bench at New Delhi has already considered an identical matter in O.A. No.2449/2018, filed before the CAT, Principal Bench at New Delhi in the case in " _**Association of Aakashwani**_ **OP (CAT).No.13 OF 2021 11** _**and Doordarshan & Ors. v. Union of India, Ministry of Information and Broadcasting & Others.**_ Further that the CAT, Principal Bench at New Delhi had passed final order dated 01.08.2019 in the said O.A.No.2449/2018, whereby the impugned orders at Anx.A23 & Anx.A24 herein have been upheld by the said Bench and that the following directions have been issued (see internal pages 10 of Ext.P12- page No.353 of the paper book), which reads as follows :- _“ (i) The amounts paid to the applicants and similarly situated persons towards arrears as are mentioned in the order dated 25.02.1999, shall not be recovered;_ _(ii) The difference of the pay scale extended to them through the said order shall be adjusted towards the MACP that becomes due for them;_ _(iii) If the MACPs are yet to accrue to them, the recovery shall be deferred till the same is extended to them;_ _(b) If inspite of exercise referred to above, any recovery becomes inevitable, the principle laid down by the Hon'ble Supreme Court in State of Punjab and others v. Rafiz Masih (White Washer) etc., (2015) 4 SCC 334, shall be followed._ (c) _The pay scales of the applicants shall be redetermined in the light of the above, within a period of four weeks from the date of receipt of a certified copy of this order, subject tot he conditions referred to above. In the course of implementation of the impugned orders, the respondents shall ensure that the applicants and similarly_ **OP (CAT).No.13 OF 2021 12** _situated employees are not in a condition disadvantageous to the one compared to the employees of similar category working in the other establishments with similar avenues of promotion._ _(d) So far as the reliefs (ii), (iii), (iv) and (v) in the O.A. are concerned, they are rejected leaving it open to the applicants to pursue the remedies, in accordance with law.”_ 7. Thereafter, the CAT (EKM) Bench, as per paragraph No.7 of Ext.P12 final order has held that the said Bench of the Tribunal is in full agreement and concurrence with the said considered verdict rendered by the CAT, Principal Bench at New Delhi on 01.08.2019 in O.A. No.2449/2018. The Tribunal also noted that, a writ petition (civil) as W.P.(C) No.9890/2019 has been filed by the aggrieved party concerned before the Delhi High Court so as to challenge the final order dated 01.08.2019 rendered by the CAT Principal Bench at New Delhi, in O.A. No.2449/2018 and that the Delhi High Court had passed an interim order directing that the operation of the said final order of the Principal Bench rendered on 01.08.2019 in O.A. No.2449/2018 shall remain stayed. After noting the abovesaid aspects, the Tribunal has straight away proceeded to hold that there is no purpose in keeping this original application **OP (CAT).No.13 OF 2021 13** indefinitely and has accordingly ordered in paragraph No.9 of Ext.P12 final order that the O.A. will stand disposed of with the direction that the respondents will consider the grievances raised by the present applicants herein also as they are similarly placed as the unsuccessful original applicants in O.A. No.2449/2018 on the file of the CAT, Principal Bench at New Delhi and that in case the writ petitioners in W.P.(C) No.9890/2019, pending before the Delhi High Court, is adjudged in favour of the original applicants therein, then the respondents in the present O.A. shall consider the grievances raised by the applicants therein, herein as well, in the light of the said judgment that may be rendered by the Delhi High Court in W.P.(C) No.9890/2019, subsequently. 8. Hence it can be seen that though the Ernakulam Bench of the Tribunal has taken the view that they are in full concurrence and agreement with the considered verdict of the Principal Bench in O.A. No.2449/2018, directions are given in the abovesaid manner in paragraph Nos.8 & 9 of Ext.P12 which reads as follows:- **OP (CAT).No.13 OF 2021 14** _“8. According to the respondents, the Hon'ble Delhi High Court is seized of this matter in WP(C) No.9890/2019 and the operation of the order of Principal Bench is stayed. In this cirucumstance, we are of the opinion that there is no purpose in keeping this Original Application indefinitely._ _**9. Hence we are disposing of this Original Application by directing the respondents to consider the grievances raised by the applicants herein also as they are similarly placed if the W.P(C) 9890/2019 pending in the Hon'ble Delhi High Court goes in favour of the applicants in this** ”_ _**case.**_ 9. After hearing both sides, we are of the view that the said approach made by the Tribunal in paragraph No.9 of Ext.P12, so as to make the present applicants wait till the final verdict rendered by the Delhi High Court in the pending W.P. (C) No.9890/2019, filed before that Court, does not appear to be the correct course of action for reasons more than one. Firstly, if the Ernakulam Bench of the Tribunal was of the considered view that they are in full agreement and concurrence with the verdict rendered by the Full Bench of the Tribunal at New Delhi on 01.08.2019 in O.A No.2449/2018, then they should have so declared and ordered in categorical terms and left the things there so that the parties aggrieved thereto could challenge the same, if they have any legally justiciable ## **OP (CAT).No.13 OF 2021 15** grievances thereto, before this Court. It goes without saying that the High Court which would have the jurisdiction by way of judicial review and superintendence in respect of the orders of the CAT, Ernakulam Bench, is this Court. 10. Therefore, the abovesaid procedure adopted by the Tribunal, taking a view that they are bound by the verdict of the Principal Bench and then issuing directions in the above manner relegating the parties to await till the verdict of the Delhi High Court, cannot be countenanced in law. 11. None of the applicants herein may be able to make any submissions in the matter in the Delhi High Court, unless they get leave from that Court to get themselves impleaded as third parties in the said O.A. and then make their submissions. 12. That apart, since all the applicants are now based in the State of Kerala, it is pointed out that it is almost very difficult for them to bear the litigative expenses of conducting the litigative proceedings in the Delhi High Court, even if their plea for impleadment is allowed by the said Court. 13. For these reasons, we are not in a position to uphold the abovesaid directions issued by the Tribunal, more **OP (CAT).No.13 OF 2021 16** particularly, in paragraph No.9 of Ext.P12. 14. Thus, we are of the firm view that the impugned decision rendered by the Tribunal in Ext.P12 is not proper and reasonable and the matter would require serious reconsideration in the hands of the Tribunal and in such circumstances, the matter would warrant a remit. For effectuating such a remit it is ordered in the interest of justice that the impugned Ext.P12 final order dated 15.01.2020 in O.A. No.482/2018 on the file of the CAT, Ernakulam Bench will stand set aside. Consequently it is ordered that O.A. No.482/2018 will stand restored to the file of the CAT, Ernakulam Bench for consideration and decision afresh. 15. The Tribunal will grant reasonable opportunity of being heard to both sides and then will render a final order in the above O.A., without much delay, preferably within 2 months from the date of receipt of a certified copy of this judgment or within any time limit that is found as appropriate and reasonable by the Tribunal, and taking note of the interest of administration of justice. **OP (CAT).No.13 OF 2021 17** 16. Thereafter, in case, any parties is aggrieved thereto, and has any legal disputes thereto, it is for them to work out their remedies in the manner known to law. 17. The Tribunal will advert to the rival contentions advanced by both sides and then render its final order in the matter on merits, and in accordance with law. 18. The learned counsel for the petitioners/original applicants has a case that the verdict rendered by the Principal Bench of the Tribunal at New Delhi in O.A. No.2449/2018 does not reflect the correct legal position and that they have many valid contentions to establish the same and that the matter in issue is covered in favour of the original applicants herein as per Anxs.A17, A21, A27, A29 & A30 orders and judgments of various Tribunals and courts including this Court as well as the Apex Court, wherein it has been categorically held that the upgradation granted in the scale of pay of Rs.6500-10500/cannot be treated as promotion and that the main ground of rejection of financial upgradation under MACP scheme on the contention that the so called upgradation granted to the original applicants is to be treated as promotion is untenable and **OP (CAT).No.13 OF 2021 18** unsustainable and the said issues covered in favour of the original applicants as per the abovesaid verdicts. 19. It is for the petitioners herein to advance all contentions available to them, in accordance with law, before the Tribunal and if so, it is for the Tribunal to advert to the same and take decision thereon on merits and in accordance with law, as aforestated. 20. The Registry will forward a copy of this judgment to the Central Administrative Tribunal, Ernakulam Bench, who is dealing with O.A. No.482/2018, for necessary information, at the cost of the petitioners. With these observations and directions, the above Original Petition will stand finally disposed of. ## **Sd/-** ## **ALEXANDER THOMAS, JUDGE** ## **Sd/-** **K. BABU, JUDGE** **Skk//20042021** ## **OP (CAT).No.13 OF 2021 19** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE ORIGINAL APPLICATION ALONG WITH THE ANNEXURES FILED BY THE PETITIONER ON THE FILES OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL.** - **ANNEXURE A1 COPY OF THE LETTER DATED 25/07/1996 ADDRESSED BY THE 1ST RESPONDENT TO THE MEMBER FIFTH PAY COMMISSION.** - **ANNEXURE A2 COPY OF THE LETTER NO.45011/80/97B(A) DATED 18/11/1997 ISSUED BY THE 1ST RESPONDENT.** - **ANNEXURE A3 COPY OF THE ORDER NO.310/173/97-B(D) DATED 25/02/1999 ISSUED BY THE 1ST RESPONDENT.** - **ANNEXURE A4 COPY OF THE O.M.F.NO.35034/1/97-ESTT (D)(VOL.IV) DATED 18/07/2001 ISSUED BY THE DoPT ALONG WITH THE RELEVANT PAGES OF CLARIFICATION.** - **ANNEXURE A5 COPY OF THE ORDER DATED 09/04/2001 IN O.A.NO.835 OF 2001 OF THE PRINCIPAL BENCH OF THIS HONOURABLE BENCH.** - **ANNEXURE A6 COPY OF THE LETTER NO.6(38)98SI(B)/267 DATED 28/05/2001 ISSUED BY THE 2ND RESPONDENT TO THE PRESIDENT, PROGRAMME STAFF ASSCN OF AIR & DOORDARSHAN.** - **ANNEXURE A7 COPY OF THE ORDER DATED 05/12/2002 IN O.A.NO.2293 OF 2001 OF THE PRINCIPAL BENCH OF THIS HONOURABLE TRIBUNAL.** - **ANNEXURE A8 COPY OF THE CLARIFICATION DATED 24/12/2006 ADDRESSED BY THE 1ST** ## **OP (CAT).No.13 OF 2021 20** ## **RESPONDENT TO THE 2ND RESPONDENT.** ## **ANNEXURE A9** **COPY OF THE CIRCULAR FILE NO.B121017/7/2008-WL DATED 29/05/2009 ISSUED BY THE DIRECTORATE GENERAL, ALL INDIA RADIO OF THE 4TH RESPONDENT.** - **ANNEXURE A10 COPY OF THE OFFICE ORDER F.NO.5/18/2009-SI(B) DATED 20/01/2010 ISSUED BY THE 3RD RESPONDENT.** - **ANNEXURE A11 COPY OF THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) AMENDMENT ACT, 2011.** - **ANNEXURE A12 COPY OF THE LETTER F.NO.MISC1/30/2012-PPC DATED 10/10/2013 ISSUED BY THE DIRECTOR OF THE 2ND RESPONDENT ALONG WITH THE RELEVANT PORTION OF THE MINUTES OF THE 109TH MEETING OF THE 2ND RESPONDENT BOARD.** ## **ANNEXURE A13** - **COPY OF THE LETTER NO.M-1/128/2014PPC DATED 17/10/2014 ADDRESSED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.** ## **ANNEXURE A14** - **COPY OF THE LETTER NO.M-1/128/2014PPC/PBRB (PART I) DATED 22/10/2014 ADDRESSED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.** - **ANNEXURE A15 COPY OF THE JUDGMENT DATED 27/10/2014 IN WP(C) NO.18034/2004 OF THE HONOURABLE HIGH COURT OF DELHI.** - **ANNEXURE A16** - **COPY OF THE LETTER F.NO.1601/16/2016-B.A.(E) DATED 08/02/2016 ISSUED BY THE CPIO OF THE 1ST RESPONDENT ALONG WITH THE OPINION RENDERED BY THE MINISTRY OF LAW AND JUSTICE.** **ANNEXURE A17** - **COPY OF THE ORDER DATED 31/03/2016** ## **OP (CAT).No.13 OF 2021 21** **OF THE PRINCIPAL BENCH OF THIS HONOURABLE TRIBUNAL IN OA 1118/2015.** - **ANNEXURE A18** **COPY OF THE SPEAKING ORDER NO.M1/128/2014-PPC DATED 03/06/2016 ISSUED BY THE 3RD RESPONDENT.** - **ANNEXURE A19** **COPY OF THE ORDER DATED 09/01/2017 IN O.A.NO.691 OF 2013 OF THE MADRAS BENCH OF THIS HONOURABLE TRIBUNAL.** - **ANNEXURE A20** - **COPY OF THE LETTER** - **F.NO.4513/15/2009-BAP(VOL.II) DATED 12/07/2017 ADDRESSED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.** - **ANNEXURE A21** - **COPY OF THE ORDER DATED 13/07/2017 OF THE HONOURABLE HIGH COURT OF DELHI IN WP(C) NO.4151 OF 2003.** - **ANNEXURE A22** - **COPY OF THE LETTER F.NO.503/5/2014BA(E) DATED 28/12/2017 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.** - **ANNEXURE A23 TRUE COPY OF THE LETTER F NO.503/05/2014-BA(E) DATED 31/01/2018 ISSUED BY THE 1ST RESPONDENT.** - **ANNEXURE A24 TRUE COPY OF THE SPEAKING ORDER F.NO.A-56013/21/2017-BAP DATED 05/02/2018 ISSUED BY THE 1ST RESPONDENT.** - **ANNEXURE A25 COPY OF THE ORDER DATED 09/04/2001 IN O.A.NO.835 OF 2001 OF THE PRINCIPAL BENCH OF THIS HONOURABLE BENCH.** - **ANNEXURE A26 COPY OF THE LETTER F.NO.16/2/2018S.IV(B)/305 DATED 04/05/2018 ISSUED BY THE 4TH RESPONDENT.** - **ANNEXURE A27 COPY OF THE FINAL ORDER DATED 06/09/2012 IN O.A.870 OF 2011 OF** ## **OP (CAT).No.13 OF 2021 22** ## **THIS HONOURABLE TRIBUNAL.** - **ANNEXURE A28** **COPY OF THE ORDER DATED 10/12/2012 IN RA NO.51 OF 2012 OF THIS HONOURABLE TRIBUNAL.** - **ANNEXURE A29 COPY OF THE JUDGMENT DATED 04/07/2013 IN OP(CAT) NO.919 OF 2013 OF THE HONOURABLE HIGH COURT OF KERALA.** - **ANNEXURE A30 COPY OF THE ORDER DATED 06/02/2018 IN CIVIL APPEAL NO.2941-2942 OF THE HONOURABLE SUPREME COURT.** - **EXHIBIT P2 TRUE COPY OF THE ORDER SHEET DATED 25/06/2018 IN OA 486/2018 OF THE HONOURABLE TRIBUNAL.** - **EXHIBIT P3 TRUE COPY OF THE MA NO.1073/2018 IN OA 180/00482/2018 ON THE FILES OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P4 TRUE COPY OF THE ORDER SHEET DATED 14/12/2018 IN P.T./100/237/2018 OF THE HONOURABLE PRINCIPAL BENCH, NEW DELHI.** - **EXHIBIT P5 TRUE COPY OF THE CASE STATUS PRINT AS DOWNLOADED FROM THE WEBSITE OF HONOURABLE PRINCIPAL BENCH, NEW DELHI WITH RESPECT TO OA 3046/2015.** - **EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN EXHIBIT P1 OA ON THE FILES OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL.** - **ANNEXURE R1 COPY OF DoPT'S ID NO.47539/13/CR DATED 10/07/2013.** - **ANNEXURE R2 COPY OF THE OA NO.3046/2015 FILED BY PROGRAMME STAFF ASSOCIATION OF AIR AND DOORDARSHAN, BEFORE THE HONOURABLE PRINCIPAL BENCH, CAT, NEW** ## **OP (CAT).No.13 OF 2021 23** ## **DELHI.** ## **ANNEXURE R3** **COPY OF THE REPLY TO OA NO.3046/2015 FILED BY PROGRAMME STAFF ASSOCIATION OF AIR AND DOORDARSHAN, BEFORE THE HONOURABLE PRINCIPAL BENCH, CAT, NEW DELHI.** - **ANNEXURE R4 COPY OF THE MA IN OA NO.3046/2015 FILED BY PROGRAMME STAFF ASSOCIATION OF AIR AND DOORDARSHAN, BEFORE THE HONOURABLE PRINCIPAL BENCH, CAT, NEW DELHI.** - **EXHIBIT P7 TRUE COPY OF THE MA 180/950/2019 ALONG WITH THE ANNEXURES.** - **ANNEXURE R5 COPY OF ORDER DATED 01/08/2019 OF THE HONOURABLE CAT, PRINCIPAL BENCH, NEW DELHI.** - **EXHIBIT P8 TRUE COPY OF THE ORDER SHEET DATED 29/10/2019 OF HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P9 TRUE COPY OF THE MA NO.790/2020 IN EXHIBIT P1 OA ON THE FILES OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P10 TRUE COPY OF THE ORDER SHEET DATED 22/12/2020 IN MA 790/2020 OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P11 TRUE COPY OF THE CAUSE LIST DATED 15/01/2021 OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P12 TRUE COPY OF THE ORDER DATED 15/01/2021 IN OA 180/00482/2018 OF THE HONOURABLE TRIBUNAL.** - **EXHIBIT P13 RUE COPY OF THE AFFIDAVIT DATED 15/02/2021 OF THE COUNSEL FOR THE PETITIONER.**