1990 Supreme(SC) 248
SUPREME COURT OF INDIA
K. JAGANNATHA SHETTY AND M. FATHIMA-BEEVI, JJ.
Doordarshan Cameramen"s Welfare Association (Regd.), Petitioner
Versus
Union of India and another, Respondents
Writ Petn. (Civil) No.240 of 1989, D/- 12-4-1990.
A.M.KHANWILKAR, A.Subhashini, ANIL DEV SINGH, GOBINDA MUKHOTY, KISHAN DATTA, T.C.SHARMA
Headnote:DIRECTIONS GIVEN THAT THE PETITIONERS WHO OCCUPY THE POSTS BELONGING TO THE CATEGORIES OF SOUND RECORDISTS, CAMERAMEN GRADE II AND LIGHTING ASSISTANTS/LIGHTMEN IN DOORDARSHAN SHALL BE GIVEN THE PAY SCALE ADMISSIBLE TO THEIR COUNTER PARTS IN THE FILMS DIVISION INCLUDING THE ARREARS
Judgment
K. JAGANNATHA SHETTY, J.:- The Staff Artists of Doordarshan are again before this Court. This Writ Petition under Article 32 of the Constitution has been filed by the Union representing the members of the staff working in the Camera Section of the Doordarshan Kendra. The Camera Section is said to consist of a number of posts including Cameramen Grade II and Lighting Assistants working in various Doordarshan Kendras in the Country. Earlier there were three writ petitions from three categories of Staff Artists of Doordarshan. Writ Petition (C) No. 974 of 1978 was filed by Sound Recordists. Writ Petition (C) No. 1239 of 1979 was by Cameramen Grade II and Writ Petition (C) No. 1756 of 1986 was by the Lighting Assistants / Lightmen. The Sound Recordists of Doordarshan claimed the pay scale admissible to the Recordists of the Films Division. Cameramen Grade II demanded pay scale allowed to Cameramen of the Films Division. The Lighting Assistants / Lightmen claimed the pay scale entitled to the Assistant Cameramen in the Films Division. They contended that they were performing same or similar duties as their counterparts in the Films Division.
2. The said writ petitions were disposed of by the common order dated August 26, 1986. There this Court held : (i) that the Staff Artists of Doordarshan including the petitioners therein are Govt. Servants like their counterparts in the Films Division, (ii) they performed the same duties as those of their counterparts in the Films Division; (iii) the Sound Recordists in Doordarshan are equivalents to Recordists in the Films Division; (iv) the Cameramen Grade II in Doordarshan are similar to Cameramen in Films Division; and (v) the Lighting Assistants / Lightmen in Doordarshan are comparable with Assistant Cameramen in Films Division.
3. It was further observed that it would be unreasonable and unjust to discriminate the said Artists of the Doordarshan in the matter of pay scale. The conclusion was rounded off in the following terms :
"In the circumstances, all these writ petitions are allowed. The Sound Recordists, who are the petitioners in Writ Petition (C) No. 974 of 1978, shall be given the pay-scale of the Recordist / Sound Recordist in the Films Division i.e. Rs. 550-900 with effect from January 1, 1978. The Cameramen Grade II, who are the petitioners in Writ Petition (C) No. 1239 of 1979, shall be given the pay scale of the Cameramen of the Films Division i.e. Rs. 650-960 with effect from August 1, 1979. The Lighting Assistants/ Lightmen, who are the petitioners in Writ Petition (C) No. 1756 of 1986, shall be given the scale of pay of Assistant Cameramen in the Films Division i.e. Rs. 425-700 with effect from December 1, 1983. The petitioners in all these writ petitions will also be entitled to the substituted scales of pay and consequential benefits. The respondents are directed to disburse to the petitioners the arrear amounts being the difference in the pay scales within four months from today."
As per the said decision, those who filed the writ petitions were given the pay scale of their counterparts with the arrears as indicated from the respective dates. But other persons who claim that they also belong to the same categories or similarly situated have not been extended the benefit of the decision. The persons who have been denied of such benefits moved the Court to initiate contempt proceedings against the authorities. The Contempt Petition No. 811 of 1989 was filed. On that application, the Court remarked :
"The petitioners may file a fresh Writ Petition under Article 32 of the Constitution before this Court after serving a copy on the Central Agency. It shall be posted along with this Contempt Petition. The matter is adjourned by three weeks."
Accordingly, the present writ petition has been preferred seeking the reliefs :
"(a) to treat Lighting Assistants, Cameramen Grade II and Sound Recordists as regular Government Servants w.e.f. the date of their joining the Doordarshan De