UNION OF INDIA & ORS. versus KRISHNA RAO & ORS. ETC. ETC.

Once respondents were declared government servants and their posts were regular sanctioned posts, they are deemed to be included in the service; it would be unfair and inequitable to deny them all benefits including pay scales and other service conditions; Tribunal and High Court correctly held in favour of respondents.

Parties: Appellant: Union of India & Ors.; Respondent: E Krishna Rao & Ors.
Jurisdiction: India
Judgment Date: 26 September 2018
Procedural Posture: Civil Appeal / Final Disposal by Supreme Court
Outcome: Appeals disposed of; judgment of Tribunal and High Court affirmed with clarification.
Legal Topics: Indian Broadcasting (programme) Service Rules, 1990, Promotion, Service Benefits, Deeming Provision, Seniority

Service Law Indian Broadcasting (programme) Service Rules, 1990 Promotion Service Benefits Deeming Provision Seniority

Case Brief

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Union of India & Ors.

Appellant

E Krishna Rao & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposal by Supreme Court

Legal Issues

1 Whether the respondents are to be treated as members of the Indian Broadcasting Programme Service under the relevant Rules
2 Whether the respondents are entitled to all benefits and promotion under the Rules

Ratio Decidendi

Court Disposition

Appeals disposed of; judgment of Tribunal and High Court affirmed with clarification.

Orders

Promotions already effected and existing seniority shall not be affected.
Retired employees to have notional pay fixation; retiral benefits to be determined on that basis.