CAT - Ernakulam

Regularization of casual employees is restricted to the specific criteria defined in the officially notified scheme.

ASWANI THAMPI P R vs M/o Information And Broadcasting

CAT - ErnakulamJUDGMENT: March 11, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants were engaged as Casual Announcers, Comperes, and Production Assistants at various stations of All India Radio (AIR).

Source reference: para. 1

After working for various periods, they were directed by the respondents to undergo fresh selection processes, including audition and screening tests.

Source reference: para. 1

The applicants challenged this requirement, seeking empanelment based on their prior work experience and tests already cleared, and contested the engagement of new personnel over them.

Source reference: para. 1

The respondents argued that casual engagements were limited to 72 days per year for exigencies and that periodic re-screening was essential to maintain competitive broadcasting standards and voice quality.

Source reference: para. 2

During the pendency of the litigation, and following directions from the Supreme Court, Prasar Bharati framed a specific scheme for the regularization of irregular appointments.

Source reference: para. 3-4
02

Issues

1. Whether the applicants were entitled to continued empanelment and regularization based on their past service without undergoing fresh screening.

Source reference: para. 1

2. Whether the applicants fall within the scope and eligibility criteria of the "Scheme for regularization of irregular appointments/engagements in Prasar Bharati".

Source reference: para. 4
03

Law Applied

"Scheme for regularization of irregular appointments/engagements in Prasar Bharati (All India Radio & Doordarshan)" dated 05.09.2019.

Source reference: para. 4

Department of Personnel & Training (DOPT) O.M. No. 49019/1/2006-Estt (C) dated 11.12.2006.

Source reference: para. 4

Judgment of the Hon’ble Supreme Court in CA 3595-3612 of 1999, which established the framework for regularizing irregular (as opposed to illegal) appointments.

Source reference: para. 4
04

Reasoning

The Tribunal examined the respondents' statement filed in early 2026, which included the formal circular and the Regularization Scheme framed under DOPT guidelines and Supreme Court mandates.

Source reference: para. 4

The respondents specifically averred that the applicants did not meet the criteria defined in the scheme and were therefore ineligible for regularization.

Source reference: para. 4

The Tribunal noted that the applicants did not repudiate this statement.

Source reference: para. 5

Furthermore, there was no representation for the applicants on the date of the final hearing.

Source reference: para. 6

Consequently, the Tribunal found that the implementation of the scheme and the respondents' factual determination regarding the applicants' ineligibility—which remained unchallenged—rendered the prayers in the O.A.s unsustainable.

Source reference: para. 4-6
05

Holding

The Tribunal held that the applicants are not entitled to the benefit of regularization as they do not fall within the framework of the established scheme.

The Original Applications were closed, effectively denying the relief sought.

Source reference: para. 6

The Tribunal granted the applicants liberty to move the court again if a future change in situation warrants such action.

Source reference: para. 6

No costs were awarded.

Source reference: para. 6
CAT - Ernakulam

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ASWANI THAMPI P RvsM/o Information And Broadcasting

CAT - Ernakulam · March 11, 2026

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