)SCALE4 , (2023 )18 SCC705 , [2023 ]3 SCR660 , 2023 (2 )SLR664 (SC ), ,MANU/SC/0297/2023M.R. Shah#C.T. Ravikumar#210SC3020Judgment/OrderAIR#FLR#INSC#MANU#MhLJ#MPLJ#SCALE#SCC#SCR#SLRM.R. Shah,Media and Entertainment#Media and EntertainmentSUPREME COURT OF INDIA2023-3-27 -->

MANU/SC/0297/2023

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IN THE SUPREME COURT OF INDIA

Civil Appeal No. 1787 of 2023

Decided On: 24.03.2023

Appellants: Director General, Doordarshan Prasar Bharti Corporation of India and Ors. Vs. Respondent: Magi H. Desai ..(+)

Hon'ble Judges/Coram:
M.R. Shah and C.T. Ravikumar

JUDGMENT

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17.02.2022 passed by the High Court of Gujarat at Ahmedabad in R/Special Civil Application No. 14592/2021, by which the Division Bench of the High Court has allowed the said writ petition preferred by the Respondent herein and has directed that the services of the Respondent herein - original writ Petitioner rendered as contractual shall be liable to be counted as temporary service for the purpose of calculating the qualifying service for pensionary/retiral benefits, the Director General, Doordarshan Prasar Bharti Corporation of India and Anr. have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

That the Respondent herein - original Applicant was engaged as a General Assistant on contract/casual basis in the year 1985. The services of the Respondent as General Assistant on contract/casual basis were thereafter extended from time to time, however, with break of few days. The original Applicant thereafter filed Original Application No. 32/1987 before the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (for short, 'the Tribunal'). The said OA was partly allowed vide order dated 30.08.1990 with a direction to the department - Appellants herein to pay her the same salary and allowances that were being paid to other regular General Assistants/Clerks from October, 1990 with arrears.

2.1 That thereafter, pursuant to the decision of the Principal Bench of the Central Administrative Tribunal, New Delhi to regularise casual employees by way of framing of scheme, the services of the original Applicant came to be regularised as Lower Division Clerk with effect from 31.03.1995 pursuant to the Scheme of Regularisation of Casual Staff Artists of Doordarshan, 1992/94. The original application was given the regular scale of Lower Division Clerk from the date of regularisation on the said post.

2.2 That thereafter the original Applicant approached the Tribunal seeking consideration of her past service. The said OA came to be dismissed, which was the subject matter of writ petition before the High Court. The High Court was pleased to permit the original Applic........