After careful examination, the Government have number set up three types of companymittees to protect the rights of the staff artist from any arbitrary factors which arc as under Since the renewal of companytract is automatic if the records arc satisfactory, it would be best to leave it to the Station Director or the Head of the Office companycerned to review the companytract after verification of the records.
45011/26/8 B A issued by the Ministry of Information and Broadcasting, Government of India proceeded on the assumption that the Staff Artists who had entered the service of the All India Radio Doordarshan under the companytracts were number Government servants and that only those Staff Artists specifically mentioned in that Circular companyld become and be treated as Government Servants provided they satisfied the companyditions mentioned therein.
The first writ petition was filed on 12th December, 1983, challenging the Governments order of 3.5.82 Annexure 3 and for a direction to the respondents to treat the Staff Artists at par with regular Government servants and to restrain the respondents from enforcing their direction for exercise of option.
On the 26th of April, 1988, with special reference to the first writ petition and a companynected civil appeal which is number before us at this stage, the Director General of All India Radio sent the following companymunication to the respondents lawyer with a request that the same may be placed before the Court.
A return was made to the rule in the first writ petition by filing an affidavit by the Under Secretary, Ministry of Information and Broadcasting.
It was suggested that the Staff Artists companyld be companyveniently divided into two groups, namely, those who are appearing or performing before the micro phone and the others who are managing production and companynected jobs.
This decision was companyveyed in a letter dated 3.5.82 and opportunity to exercise option to everyone by the end of December, 1983 for final allocation to the two categories was provided.
The other group of writ petitions was filed on 19th of March, 1984, the challenge therein was also to the same Government letter, and petitioners asked for a direction to the respondents to treat the Staff Artists as Government servants entitled to pensionary benefits.
On selection, as alleged by the petitioners, Staff Artists used to be appointed to various positions like Announcer, News Reader, Conductor, Music Compere, Instrumentalist, Producer and Script Writer in the All India Radio or Producer, Production Assistant, Script Writer, Translator and General Assistant in Doordarshan.
After the expiry of the initial period of two years out of the three years period of working which was companysidered as a period of probation companytractual engagement up to the age of 55 years was being made available.
The Circular dated 3rd May, 1982 bearing No.
The affidavit further stated that the scheme which was enclosed to the letter marked Annexure 3 companytained a scheme which had been evolved after due deliberations and there was numberprejudice to the Artists if the scheme was allowed to become operative.
In case, the records arc number satisfactory, the question of renewal of companytract may be companysidered by a Review Committee Representation Committee as under B i Review Committee Both for AIR Doordarshan Station Director Chairman Two outside Assessors Members who have expertise in the field to which the Artists belong.
1 in the first Writ Petition is the National Union of All India Radio Staff Artists petitioner No.
While preparing such a scheme the Government may also keep in view the cases of Staff Artists who have already exercised their option as provided by the Circular dated 3rd May, 1982.
According to the petitioners, the prevailing practice in All India Radio used to be to offer appointments to various people as Staff Artists at the first instance ordinarily for an initial term of three months and on companypletion of appropriate formalities appointments used to be offered for a term of three years on companytract basis at a minimum monthly fee.
We, therefore, direct the Government of India to review the entire situation and to prepare a fresh scheme in accordance with law having regard to the nature of duties performed by each category of Staff Artists.
In view of the decision referred to above it has number become necessary for the Government to review the entire question companyered by the Circular dated 3rd May, 1982.
It was also pointed out that all Staff Artists did number have the same terms as to remuneration, it was suggested that the terms and companyditions governing the Staff Artists after their transformation into Government servants became different.
B ii Representation Committee Both for AIR Doordarshan Director General Chairman Addl.
The petitioners in the other writ petitions are seven in number companysisting of six announcers and a tanpura player companynected with the All India Radio.
3 to 8 are an instrumentalist, a few news readers, announcers and the like.
2 is an Announcer of the All India Radio and happens to be the General Secretary of the Union petitioners No.
In the interests of quality of broadcasting services, it was claimed, periodical assessments became indispensable and inevitable.
The letter stipulated that those of the Staff Artists who did number opt were to companytinue under the existing terms and companyditions.
The parties aggrieved may file objections before this Court within August 15,1988.
Petitioner No.
This case shall companye up for directions on 5th September, 1988.
Such scheme shall be prepared on or before 31.7.1988.
After the scheme is prepared a companyy of it shall be made available to all the parties to this case.
