MANIJA K G vs PRASAR BHARTI
- Court
- Central Administrative Tribunal
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CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH,
ERNAKULAM
Original Application No. 180/00494/2024
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Friday, this the 30 day of October, 2026
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J)
Hon'ble Ms. V. Rama Mathew, Member (A)
1. Manija K.G.,aged 39, D/o Gomathi,
Manoj Bhavan, Parakkal Lane,
MRA P/6, Maruthankuzhi,
Kanjirampara P.O.,
Thiruvananthapuram District,
Pin – 695 030,
Working as Bullet News Producers,
Regional News Unit, Doordarshan Kendra,
Thiruvananthapuram – 695 043.
2. Chinchu I. Babu, aged 34,
D/o Indira, Kaleelikezhakkathil,
Naduvelakkara, West Kallada P.O.,
Kollam District, Pin – 691 500,
Working as Bullet News Producers,
Regional News Unit, Doordarshan Kendra,
Thiruvananthapuram – 695 043.
3. Preethi V.P., aged 37,
D/o Prabhakumari, V.P. Bhavan,
Manthuruthi Karimancode P.O., Palode,
Thiruvananthapuram District,
Pin – 695 562., Working as Bullet News Producers,
Regional News Unit, Doordarshan Kendra,
Thiruvananthapuram – 695 043.
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4. Mahesh Mohan, aged 36,
S/o Mohan Kumar,
Padinjaremecheriyathu,
Angadical North P.O., Kodumon,
Pathanamthitta District,
Pin – 689 648,
Working as Bullet News Producers,
Regional News Unit,
Doordarshan Kendra,
Thiruvananthapuram – 695 043.
5. Ashok Kumar K., aged 51,
S/o Sekharan, KNRA 56A,
Pangappara P.O.,
Thiruvananthapuram District,
Pin – 695 081,
Working as Bullet News Producers,
Regional News Unit,
Doordarshan Kendra,
Thiruvananthapuram – 695 043.
6. Deepu S.L., aged 44,
S/o Somanathan Unnithan,
Chandravilasam, Puravoor,
Chirayinkeezhu P.O.,
Thiruvananthapuram District,
Pin – 695 304, Kerala,
Working as Bullet News Producers,
Regional News Unit,
Doordarshan Kendra,
Thiruvananthapuram – 695 043. ..... Applicants
(By Advocates: Mr. R.T. Pradeep and Mr. Niranjan T. Pradeep)
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V e r s u s
1. Prasar Bharathi,
Represented by its Chief Executive Officer,
Prasar Bharati House,
Copernicus Marg,
New Delhi – 110 001.
2. Regional News Head (T M & SO),
Prasar Bharati House,
Copernicus Marg,
New Delhi – 110 001.
3. Deputy Director and Head,
Regional News Unit,
Doordarshan Kendra,
Kudappanakunnu P.O.,
Thiruvananthapuram District. ..... Respondents
(By Advocate: Mr. S.R.K. Prathap, ACGSC)
This Original Application having been heard on 30.09.2026, the
Tribunal on 30.10.2026 delivered the following:
O R D E R
Per: Justice Sunil Thomas, Judicial Member –
The applicants who are Casual News Producers under the
respondent Prasar Bharathi challenges Annexure A2 notification dated
8.3.2024 inviting applications for filling up 3 posts of Broadcast
Executives in Prasar Bharathi, Doordarshan News, on full time contract
basis.
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2. Applicants claim that they are in the approved panel of Casual News
Producers since 2018 and now officiating as Bullet News Producers at
Regional New Unit (RNU), Doordarshan Kendra, Thiruvananthapuram.
They possess professional diploma in Journalism or Mass
Communication. They were selected pursuant to a public notification
dated 5/2018, for creating a panel of Casual News Producers at Regional
News Unit, Doordarshan Kendra, Thiruvananthapuram. The notification
did not specify the tenure of the panel. The applicants were selected after
course of interview of shortlisted candidates and they have been
continuing since 2018 without break of a single day.
3. The essential duties and functions of the Casual News Producers is
news based programme production or news live with capacity for on
panel operation for live production. The live production of entire news
broadcasting of both DD News (TV News) and Akashwani (Radio News)
through Regional News Unit is done by the applicants. Each of them is
given a maximum 7 duties in a month and paid monthly at the rate of Rs.
1,875/- per duty.
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4. According to the applicants, though there are sufficient work to give
more duties to applicants, it is being restricted to 7 duties in a month. The
excess duties are allegedly carried out by the permanent staff in other
categories by re-deployment. It is further claimed that applicants are not
going for any other work and their entire livelihood depends on the
income from the above job. Though they were engaged as Casual News
Producers they were assigned with the work of Programme Assistant.
Hence, they lodged a complaint and Annexure A1 order was issued on
14.8.2023, by which they were assigned the role as Bulletin News
Producers.
5. While so, separate notifications inviting applications for
engagement of different categories at Doordarshan Kendra,
Thiruvananthapuram, including filling up of 3 posts of Broadcast
Executives with the duty as Programme Production, with capacity for on
panel operation for live production was issued. Annexure A2 is the said
notification. Applicants 1 to 5 being eligible responded to Annexure A2.
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The application of the 5 applicant was rejected, since he did not qualify
the age criteria. E-admit card issued to applicants Nos. 1 to 4 were
produced as Annexures A3 to A6.
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6. According to the applicants, since they are engaged on contract
basis, they have an indefeasible right to continue till permanent staff is
being appointed. They being contract employees cannot be substituted by
another set of contract employees. The respondents can discharge the
balance duties by increasing the number of duties of each applicant.
Annexure A2 notification, calling for selection of Broadcast Executives
on contract basis to substitute applicants who are on contract basis is
illegal and arbitrary. The legal position is well settled that one set of
contract employees cannot be substituted by another set of contract
employees. Since they are engaged without a fixed tenure of service, they
cannot be disengaged, to be substituted with another set of contract
employees. Accordingly, the Original Application has been filed seeking
the following reliefs:
“ i. To set aside Annexure A2 and all proceedings pursuant to thereon
for selection and engagement of Broadcast Executive of 3 in number in
Regional News Unit at Doordarshan Kendra, Thiruvananthapuram;
ii. To direct the respondents to allow the applicants to continue as
Casual News Producers in pursuance to Annexure A1 till they being
replaced by regular appointment of News Producers in Regional News
Unit at Doordarshan Kendra, Thiruvananthapuram. ”
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7. Respondents filed a common reply statement denying the claim set
up in the Original Application. It was stated that the work of Casual
Producers in Regional Units was to assess the visual news materials kept
before them for scrutiny of their visual clarity and fitness for telecast.
They are engaged in the live production of news bulletins and also as a
co-ordinator in Production Control Room. There is no written contract
between Doordarshan Kendra and the applicants while they are engaged
on casual basis as News Producers. The term casual denotes that the
service of the applicants was of casual nature and they are engaged when
the requirement arises. The practice was that whenever the service of
News Producers is needed, they will be called to the Doordarshan
Kendra to produce News Bulletins. However, their service is limited to
maximum 7 days in a month, that too, as and when their service is
required. There is no sanctioned post for News Producers or Recruitment
Rules framed by the Prasar Bharati under Article 309 of the Constitution
of India. Causal News Producers are hired whenever they are required.
8. Applicants 1 to 5 had responded to the post of Broadcast Executive.
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The application of the 5 applicant was rejected as he did not qualify the
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age criteria. 6 applicant though has not applied, has been made a party
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to the OA, which is an abuse of legal process. According to the
respondents, the word casual itself denotes that the applicants are needed
for the service of News Producers only on casual basis and not on
regular basis. The role of Casual Producers in Regional Units is that after
their assignments in Doordarshan, they can do any kind of job elsewhere.
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In fact, the 6 applicant is a permanent Malayalam teacher in a
Government aided school in Thiruvananthapuram district. He is one of
the Producers in the existing casual panel. All other applicants are free to
work after the working hours with Doordarshan Kendra.
9. A casual worker cannot claim for continuity of service in any cadre.
In Annexure A1, it is categorically mentioned that the service of the
applicant is required as and when desired. The number of assignments
that the applicants get is not assured by any contract and has only an
upper limit of maximum 7 days in a month.
10. The applicants were selected to be included in the panel of Casual
Producers and the work was limited to the role of Post Production
Assistant. Pursuant to the representation dated 18.2.2022 submitted by
them to consider them in the role of Casual Producers for which they
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were actually included in the panel, the applicants were given
assignments as Casual Producers on assignment basis. Annexure R1 is
the true copy of the notice inviting applications. Annexure R2 is the
representation dated 18.2.2022 submitted by the applicants.
11. Since the visual media is facing high competition and the private
television channels are airing various programmes in a professional
manner, Doordarshan also needs expansion on its own way in a similar
manner. Hence, Prasar Bharati invited applications for engagement on
contract basis as Broadcast Executive for a period of 2 years in Prasar
Bharati. It has become necessary for Doordarshan to engage Broadcast
Executive at Regional News Unit to expand its programme and to
diversify its content. This is clear from Annexure A2 notice inviting
applications.
12. The creation and deletion of the post is purely the prerogative
power of the administration. Annexure A2 was issued under the new
policy on contractual employment formulated by the Prasar Bharati by
its order dated 18.8.2021. As per the policy, contractual engagement can
be done for engaging professionals on monthly remuneration basis
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subject to the criteria laid down by them. The Broadcast Executives to be
appointed will be engaged full time with production of news related
programmes. They can develop greater association and commitment to
the organization. The role of Broadcast Executive as advised in
Annexure A2 is similar to the work done by the applicants now.
However, RNU will be looking forward for more vibrant resources who
can be trained and given key role to ideate on news programs as well.
Since what is now in existence is casual panel of producers who are not
on contractual basis, RNU is unable to invest in the casual panel in terms
of training and other skilling, as there does not exist any contractual
relationship between RNU and the casual panel members. Even after the
new position of Broadcast Executives are filled up the existing casual
panel will still be in existence and service of casual panel persons will be
used as and when required. Therefore, the contention of the applicants
that one set of contract employees are replaced with another set of
contract employees is wrong. The Original Application is liable to be
rejected.
13. Heard both sides and examined the records.
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14. After the admission of the OA, by an interim order dated 25.9.2024
it was directed that though the process of recruitment can be completed,
no final order of appointment shall be issued. This interim order
continued for a long time. In the meanwhile, the learned ACGSC for the
respondents contended that in the light of the interim order, the
respondents find it extremely difficult to manage the programmes.
Hence, he sought for an early hearing. Hence, by order in MA No. 455 of
2026 filed on 12.5.2026, the OA was posted for disposal. However, on
that day the applicants were absent. Hence, by order dated 11.8.2026, the
interim order was vacated and the matter was posted for final hearing.
However, on the request of the learned counsel for the respondents by
order dated 21.8.2026 the submission of the learned ACGSC that
appointments were made consequent to the vacating of the interim order
was recorded, and made it clear that if any appointments are made
consequent to the offer letters issued, it will be subject to the final
outcome of the OA.
15. The basic contention of the learned counsel for the applicants is
that they being appointed on contract basis, the process of selection by
Annexure A2 of Broadcast Executives is intended to substitute the
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applicants by another set of contract employees which is illegal. Hence,
it was prayed that Annexure A2 may be set aside and all proceedings
pursuant to it for selection and engagement of Broadcast Executives
shall be set aside. It was also prayed that respondents may be directed to
permit the continuance of the applicant till regular appointments are
made in accordance with the law. It was contended that the applicants are
entitled for a legitimate expectation to continue in the light of their
nature of engagement. It was contended that they cannot be terminated
and substituted by another set of causal employees.
16. The respondents have specifically contended that the contention of
the applicants that they are contract employees is baseless. To
substantiate it, the learned ACGSC referred to Annexure R1 dated
5.9.2016, the terms and conditions for appointment of the applicants. It
states that it was selection of Casual Assignees. It specifically stated that
Annexure R1 refers to engagement as Casual Assignees. By Annexure
R3 dated 14.11.2022 there was a revision of fee structure of Casual
Assignees in the Regional New Unit. It also indicates that they are called
casually, whenever required subject, to a maximum of 7 assignments per
month. Evidently, they are not engaged on the basis of an agreement.
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Hence, the entire premise on which the applicants have set up the claim
should fall. In this regard it is also pertinent to note that there is no
sanctioned post for News Producers framed by Prasar Bharati nor there
is any Recruitment Rule in relation to it. Hence, the contention of the
applicants that they being contract employees are entitled to continue, till
permanent employees are recruited cannot be sustained. Regarding the
apprehension of the applicants, that they are sought to be substituted by
another set of casual employees, in paragraph 11 of the reply statement it
was specifically stated that even after the posts of Broadcast Executives
are filled up, the existing casual panel will still be in existence and
service of casual panel persons will be used as and when required. This
should dispel the anxiety of the applicants that they are liable to be
terminated and substituted by another set of casual employees. Hence,
that grievance of the applicants cannot survive.
17. It is an admitted fact that all the applicants except applicant No. 6
had responded to Annexure A2 advertisement. Applicants Nos. 1 to 4
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were called for interview. The 5 applicant was not considered, being
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age barred. The 6 applicant did not even respond to Annexure A2. In
the above circumstances, at least applicants Nos. 1 to 5 who had
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responded to Annexure A2 cannot turn around and challenge Annexure
A2 proceedings. It was pointed out by the learned ACGSC that
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applicants Nos. 1 to 4 were called for the interview. The 3 and 4
applicants appeared and they were selected. A communication issued by
the above said applicants stating that they are withdrawing from the
present OA was produced by the ACGSC at the time of hearing. Hence,
the applicants after having responded to Annexure A2 and 4 among them
being called for interview and 2 among them selected cannot now pursue
the Original Application.
18. The learned counsel further contended that the applicants were
being engaged for the past 8 years and this type of ad hocism in
engagement and extracting of work for a long period has been
deprecated by the Hon’ble Supreme Court in Dharam Singh & Ors . v.
State of UP & Anr . [2025 AIR (SC) 3897]. It was held therein that daily
wagers therein were entitled for regularization and outsourcing cannot
become a convenient shield to perpetuate precariousness and to sidestep
fair engagement practices where work is inherently perennial. It was
further contended that by long engagement, applicants legitimately
expected that they would be regularized.
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19. The learned counsel for the applicants relied on the decision of the
Supreme Court in Bhola Nath v. State of Jharkhand [2026 (2) SC 530]
wherein it was held that where employees have continued to discharge
their duties on a contractual post for a considerable length of time, it is
but natural that a legitimate expectation arises that the State would at
some stage recognize their long and continuous service. The bar against
invocation of doctrine of legitimate expectation applies only to those
temporary, contractual or casual employees whose engagement was not
preceded by a proper selection process in accordance with the extant
Rules.
20. Both the above decisions heavily relied on by the learned counsel
for the applicants cannot apply to the facts of the case. In both the cases
the employees involved were engaged on contract basis for a long period
and their employment was of perennial nature. It was in such
circumstances, and on that factual premise that the Supreme Court held
that the appellants therein were entitled for regularization and that they
have a legitimate expectation that the Government will recognize their
services. In the case at hand the situation is totally different. The
applicants were engaged on casual basis. They were called as and when
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situation arose subject to the only limit of 7 assignments per month. It
was not a contract employment nor of perennial nature. Hence, the above
decisions cannot apply to the facts of the case.
21. In the light of the specific assertion that the applicants will be
continued to be utilized, clearly indicates that the applicants have no
cause of action. In the light of the above facts, the Original Application
fails and is accordingly, dismissed. No order as to costs.
(V. RAMA MATHEW) (JUSTICE SUNIL THOMAS)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
“SA”
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Original Application No. 180/00494/2024
APPLICANTS’ ANNEXURES
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Annexure A1: True copy of proceedings of 3 respondent dated
14.8.2023 by which the applicants were assigned the role
as Bulletin News Producer.
Annexure A2: True copy of notification vide F.No. [E223147] A-
nd
10/016/12/2024-TM & SO dated 8.3.2024 by 2
respondent office inviting applications for three
positions as Broadcast Executive on contractual basis.
Annexure A3: True copy of E-admit card for interview on 11.9.2024
st st
received by the 1 applicant from 1 respondent.
Annexure A4: True copy of E-admit card for interview on 11.9.2024
nd st
received by the 2 applicant from 1 respondent.
Annexure A5: True copy of E-admit card for interview on 11.9.2024
rd st
received by the 3 applicant from 1 respondent.
Annexure A6: True copy of E-admit card for interview on 11.9.2024
th st
received by the 4 applicant from 1 respondent.
Annexure A7: True copy of offer letter dated 27.1.2025 which is issued
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to 3 respondent vide No. F. No. [E223147] A-
10/016/12/2024-TM&SO.
RESPONDENTS’ ANNEXURES
Annexure R(1): True copy of the notice inviting application dated
5.9.20165 issued by the Regional News Unit,
Thiruvananthapuram.
Annexure R(2): True copy of the representation dated 18.2.20222
preferred by the applicants to Deputy Director (News),
Regional News Unit, Thiruvananthapuram.
Annexure R(3): True copy of the revised fee structure of casual
assignment dated 14.11.2022 in the Regional News Unit
issued by the Deputy Director, Regional News Unit, DD
News, Prasar Bharati, New Delhi.
-x-x-x-x-x-x-x-x-
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