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2025 DAILYLAW 33830 (KAR)

CHANDRAKUMAR v. UNION OF INDIA

WP/26704/2024 · 2025-06-19

S G Pandit, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21130-DB WP No. 26704 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 26704 OF 2024 (S-CAT) BETWEEN: 1. CHANDRAKUMAR S/O SRI.SONNAPPA AGED 56 YEARS, WORKING AS CAMERAMAN GRADE-I, RESIDING AT NO.30, SONNAPPA COMPOUND, SAIT PALYA, OIL MILL ROAD, BENGALURU-560084. 2. DOORDARSHAN PROGRAM PROFESSIONALS ASSOCIATION (DPPA) REPRESENTED BY ITS PRESIDENT, SMT.JAYASHREE BAWASKAR, WORKING AS CAMERAMAN GRADE-I, DOORDARSHAN KENDRA, MUMBAI, RESIDING AT NO.203, MIG, OMKAR SOCIETY, SION EAST, MUMBAI-400 022. …PETITIONERS (BY SRI. RADHAKRISHNA HOLLA A., ADV.) AND: 1. UNION OF INDIA BY SECRETARY MINISTRY OF INFORMATION AND BROADCASTING, SHASTRI BHAVAN, DR. R P ROAD, NEW DELHI-110001. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21130-DB WP No. 26704 of 2024 2. THE CHIEF EXECUTIVE OFFICER PRASAR BHARATI BROADCASTING CORPORATION OF INDIA, P T I BUILDINGS, PARLIAMENT STREET, NEW DELHI-11001. …RESPONDENTS (BY SRI. B PRAMOD, CGC FOR R1-R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION AND I) QUASH THE ORDER DATED 24/07/2024 PASSED BY THE CAT IN OA/170/591/2023, ANNEXURE-A; II) ALLOW OA/170/591/2023 OF THE PETITIONERS GRANTING THEIR PRAYERS AND EXTEND THEM CONSEQUENTIAL BENEFITS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioners are before this Court questioning the order dated 24.07.2024 in O.A.No.170/00591/2023 passed by the Central Administrative Tribunal, Bangalore Bench, Bengaluru (for short, (‘Tribunal’), by which, their challenge to speaking order bearing F.No.2/10/2022-S.I (A) dated 31.07.2023 (Annexure-A15) is rejected and also their prayer to direct the respondents to extend the benefit of fixation of pay in PB-3 + Grade Pay of Rs.5400/- - 3 - HC-KAR NC: 2025:KHC:21130-DB WP No. 26704 of 2024 to the Cameraman Grade-II in accordance with the order No.35/5/2011-S.I(A) dated 28.02.2012, issued by the respondent No.3, (Annexure-A8) is also rejected. 2. Heard learned counsel Sri.Radhakrishna Holla.A., for petitioners and learned Central Government Counsel Sri.B.Pramod for respondents. Perused the entire writ petition papers. 3. Learned counsel for the petitioners would submit that the petitioners are similarly situated persons as that of applicants before the Tribunal in O.A.No.170/00252/2017 dated 20.07.2018 (Annexure-A12) which was confirmed by this Court in W.P.No.50821/2018 dated 11.04.2022 (Annexure-A13). Thus, he submits that the petitioners would be entitled for extension of benefit of fixation of pay in PB-3 + Grade Pay of Rs.5400/- to the Cameraman Grade-II in accordance with the order No.35/5/2011-S.I(A) dated 28.02.2012, issued by the respondent No.3, (Annexure-A8). - 4 - HC-KAR NC: 2025:KHC:21130-DB WP No. 26704 of 2024 4. On the other hand, learned Central Government Counsel Sri.B.Pramod would contend that the petitioners are not similarly situated persons as that of the applicants in Annexure-A12. However, he submits that if the petitioners submit representation, the same would be examined in accordance with law. 5. The Tribunal in the impugned order, only on the ground that the petitioners have not approached the respondent-authorities, without going into merits of the case, dismissed the O.A., reserving liberty to the applicants to move the respondent-authorities for redressal of their grievance. 6. In the light of the submissions of the learned counsel appearing for the parties and in the facts and circumstances of the case, we deem it appropriate to direct the petitioners to submit representation with regard to extension of benefits of fixation of pay in PB-3 + Grade Pay of Rs.5400/- to the Cameraman Grade-II in terms of - 5 - HC-KAR NC: 2025:KHC:21130-DB WP No. 26704 of 2024 Annexure-A8 dated 28.02.2012, within two weeks from today. If such representation is made, the respondent Nos.1 and 2 are directed to examine the said representation in the light of the Tribunal’s order dated 20.07.2018 in O.A.No.170/00252/2017 (Annexure-A12) as well as order dated 11.04.2022 in W.P.No.50821/2018 (Annexure-A13) and pass orders in accordance with law, within eight weeks from the date of submission of representation by the petitioners. 7. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 17