JUDGMENT

S.B. Sinha, J.—Leave granted in the S.L.P.

2. Respondents herein were appointed by the ‘Doordarshan’ and ‘Akashvani’. Parliament enacted the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (for short, ‘the Act’) to provide for the establishment of a Broadcasting Corporation for India, to be known as Prasar Bharati, to define its composition, functions and powers and to provide for matters connected therewith or incidental thereto. The said Act though came into force on and from 15.09.1997, Prasar Bharati (Broadcasting Corporation of India) (for short, ‘the Corporation’) came to be established 23.11.1997, the date on which the ‘Appointed day’ was notified in terms of Section 3 of the Act. Section 11 of the Act provides that it shall be lawful for the Central Government to transfer to the Corporation any of the officers or other employees serving in the Akashvani and Doordarshan and engaged in the performance of those functions, where the Central Government has ceased to perform the functions which in terms of Section 12 are the functions of the Corporation. Sub-section (5) of Section 11 of the Act, however, provides that every officer or other employee transfer