JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J

1. The appeals arise from a judgment of the High Court of Andhra Pradesh dated 20 March 2014. The High Court rejected a challenge to an order of the Central Administrative Tribunal [The “Tribunal” ] directing the appellants to provide to the Respondents all benefits of service and to consider their cases for promotions in accordance with the Indian Broadcasting (Programme) Service Rules 1990 [The Indian Broadcasting (Programme) Service Rules 1990 are referred to in this judgment as the Rules.].

2. The First Respondent was engaged as a TV News Correspondent on contract for a period of five years on 6 August 1988. The second Respondent was engaged as a TV Assistant News Correspondent on contract on 12 August 1988. The Rules came into effect on 5 November 1990. They did not have a specific provision for the posts of TV News Correspondent and TV Assistant News Correspondent. The Rules define the expression ‘departmental candidates’ thus:

“(c) “Departmental Candidates” means-

“(i) Officers appointed on regular basis in consultation with the commission or on the recommendations of the Departmental Promotion committee, and who hold posts on regular basis or hold, lien in Group 'A' programme cadre of All India Radio and Doordarshan on the date of commencement of these rules and

(ii)All officers appointed on regular basis to the post of video executive in Doordarshan in the pay scale of Rs.3000-4500;”

Rule 6, which provides for the initial constitution of the service, reads thus:

“6. Initial Constitution of the Service:-

(1) Subject to the provisions of sub-rules (2), (3) and () all departmental candidates holding posts or regular basis in the scales of pay of Rs. 5900-6700, Rs.3700-5000, Rs.3000-4500 and Rs. 2200-4000 shall from the date of commencement of these rules, be deemed to have been appointed to the corresponding posts and grades in the Service.

Provided that nothing in this sub-rule shall apply, to those Department Candidates who have been granted Selection Grade in the scale of Rs. 2200-4000.

(2) (a) The Departmental Candidates referred to in sub-clause (i) of clause (c) of rule 2 shall be required to convey their options in writing for inclusion in any one of the four Cadres of the Service.

(b) In the event of options not being received within the stipulated time, the Departmental Candidates shall be deemed to have opted in the respective cadre of the All India Radio or Doordarshan, as the case may be, where they are working.

Provided that the Departmental Candidates referred to in sub-clause (ii) of clause (c) of rule 2 shall merge with the Programme Production Cadre of Doordarshan and will maintain their separate identity as indicated in Schedule VII.

(3) (a) The commission shall constitute a Selection Committee with the Chairman or a Member of the Commission, as President and not more than three representatives of the appropriate status to be nominated by the Controlling Authority to consider all the options from the departmental Candidates referred to in sub-rule (2) and recommend the cadre and the Medium to which such Departmental Candidates may be appointed, and submit lists of officers considered suitable for such appointment to the Commission, which shall forward to the Controlling Authority its recommendations thereon.

(b) The decision of the Controlling Authority in respect of appointments based on the recommendations of the Commission shall be final and such appointments shall be deemed to have been made with effect from the date of constitution of the Service.

(c) After such departmental candidates have been so allocated to a particular Medium or a cadre thereof they will continue to serve in the cadre of that medium to which they have been so assigned:

Provided that the commission may, while making such recommendations, in respect of Departmental candidates, referr