SC pulls up Centre on Akashvani,Doordarshan employees' tranfer

New Delhi, Feb 3 (UNI) The Supreme Court has once again pulled up the Union government for not taking a final decision regarding the status of Akashvani and Doordarshan employees who were transferred to Prasar Bharati (Broadcasting Corporation of India) which came into being on November 23, 1997.

A Bench, comprising Justices S P Sinha and Markandey Katju, in its judgement has directed the Central government to take a firm decision in terms of Section 11 of Prasar Bharati (Broadcasting Corporation of India) Act 1990 within six months from February 2, 2007. The court, however, upheld the power of Prasar Bharati to transfer the employees to its various kendras so that all centres can be made functional.

Some of the employees of Akashvani and Doordarshan were sent to Prasar Bharati without any formal order from the Central government regarding their status such as whether they are being transferred or they were being sent on deputation. Section 11 (4) of the act says that from the date of transfer, the employees of Akashvani and Doordarshan transferred to the corporation would cease to be Central government employees. The employees, however, continued to work with Prasar Bharati for eight years without any protest on the terms and conditions.

When some of them were transferred by the corporation to make optimum use of its manpower, the employees challenged the power of the corporation to transfer them on the grounds that they are still the Central government employees and corporation has no power to tansfer them.

The apex court, however, ruled that the employees would be treated to be on deemed deputation despite the fact that no such order has been passed by the Central government. As per Article 309 of the Constitution, indisputably no such order having being passed, the respondent continued to be the employees of the Central government.

Commenting on the casual attitude of the government the court observed, ''we have furthermore noticed herein before that the question as to whether the Central government should pass an order in terms of sub-section 1 of section 11 of the act or not is pending consideration before its highest authorities for a long time. No decision has been taken for more than nine years. Despite observations made by the court, the Central government has failed and/or neglected to take a decision one way or the other. Ordinarily this court would not have issued a direction but the present state of affairs cannot be permitted to continue. The rights of the respondents cannot be allowed to remain in uncertain position for a long time.

We, therefore, while allowing the appeal of Prasar Bharati and other, direct the Union of India to take a firm decision in terms of Section 11 of the act within six months from date. The Secretary, Department of Personnel and Training shall file an affidavit before the court within or immediately after the expiry of the afore mentioned period.'' The court set aside the impunged judgement of Punjab and Haryana high court as well as the Central Administrative Tribunal (CAT) holding that Prasar Bharati has no power to transfer the employees working under its control.

UNI