Surendra Das v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5482 of 2026 ====================================================== 1.
Surendra Das Son of Late Ram Pati Das, Resident of Village- Dagroo Chitrochi District- Vaishali Presently Residing at Ganga Nagar, Road No. 2 P.O.- Harmu, District- Ranchi (Jharkhand).
2.
Ajay Kumar, Son of Late Jamuna Prasad, Resident of West Lohanipur, Upadhyay Lane P.O.- Kadamkuan, District- Patna (Bihar). 3.
Pradeep Kumar Sharma, Son of Late Radhe Krishna Sharma, Resident of Bari Khagaul, Devi Sthan (DIH) P.O.- Khagaual, District- Patna (Bihar). ... ... Petitioner/s
Versus
1.
The Union of India Through the Secretary, Ministry of Information and Broadcasting, Government of India, New Delhi- 110001. 2.
The Chief Executive Officer, Prasar Bharti (Broadcasting Corporation of India), PTI Builcing, 2nd Floor Shastri Bhawan, New- Delhi- 110001. 3.
The Director General, Doordarshan, Doordarshan Bhawan, New Delhi110001. 4.
The Deputy Director (Admn.), Office of Director General, Doordarshan, Doordarshan Bhawan, New Delhi- 110001.
5.
The Deputy Director (Engineering), Doordarshan Kendra, Patna- 800001. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Swastika, Adv.
Mr.Rajesh Kumar Sharma, Adv.
Mr. Vijay Prakash Bhargawa, Adv.
For the UOI :
Dr. Krishna Nandan Singh, Sr. Adv. (ASGI) Ms. Shivasitya Dhari Sinha, Sr. Panel Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 21-07-2026 The present writ petition has been filed challenging the order dated 12.12.2025, passed by the Ld. Central Administrative Tribunal (hereinafter referred to as "the Ld. CAT"), Patna Bench, Patna, in C.P. 46 of 2025, whereby and
2/5 whereunder the contempt proceedings have been dropped and the notices issued to the Respondents have stood discharged. 2.
The learned counsel for the petitioners has submitted that the Ld. CAT had passed an order dated 01.02.2024 in O.A. No. 050/00603/ 2019, operative portion whereof reads as under:- "8.
Considering the submissions of both the counsel, OA is disposed of with following directions as given in OA No. 601/2019:- a. The respondents will consider the regularization of the services of the applicants against regular vacancies available.
b. In case no regular vacancy is available or vacancy available fall short, to create supernumerary post equal to number of the numbers of applicants or to the number of shortfall of vacancy and to consider the applicants for regularisation against those created supernumerary post.
c. This entire exercise, directed in clause a & b above, be completed expeditiously but latest within one year, from date of receipt of copy of this order.
Till pendency of case of the applicants for regularisation, they shall be engaged to work available on preferential basis."
3.
The learned counsel for the petitioners submits that in compliance to the aforesaid order dated 01.02.2024, passed by the Ld. CAT, a speaking order has been passed by the authorities on 21.06.2024, operative portion whereof is reproduced
3/5 hereinbelow:- "6. In pursuance of Hon'ble Tribunal Patna order dated 01.02.2024 in OA No.603 of 2019, the case of the applicant has been examined once again in this department. Shri Surendra Das was engaged as Casual Floor Assistant during 1992 after the cutoff date i.e. 31.12.1991 specified in the Regularization Scheme. The Scheme reads as follows:- "The Regularization Scheme of casual Staff Artists in Doordarshan dated 09.06.1992 and as further amended vide O.M. No.2(3)86-S-1 dated 17.03.1994 is meant only for those Casual Staff Artists engaged prior to 31.12.1991 and who have worked for 120 days in a calendar year subject to fulfilment of the eligibility criteria stipulated in the Recruitment Rules of the respective category in which the casuals were working."
7. As such as per Regularization Scheme 1992 and 1994, Shri Surendra Das is not eligible for regularization under Regularization Scheme as there is no material change in the case of the applicant. This position has also been informed to the incumbent on earlier occasions vide speaking orders dated 12.12.2001, 18.11.2014 and 17.09.2013 respectively.
8. As per records there is no post in the grade lying vacant.
9. The Department is also not in a position to engage the applicants to work available on preferential basis as the sufficient numbers of regular officers are available.
10. Despite the fact that the respondents have complied
4/5 each and every order of the Hon'ble Courts in various original applications as well as contempt petitions, the applicant has been continuously approaching the courts on the same matter. This conduct of the applicant makes it apparent that the applicant is a chronic litigator and has been wasting precious time of the Hon'ble Courts as well as the department.
This issues with the approval of Competent Authority." 4.
After having argued the matter for quite some time, the learned counsel for the petitioners, realizing the fact that the said order dated 21.06.2024 has to be again challenged before the Ld. CAT, seeks liberty on behalf of the petitioners to challenge the same by filing a fresh original application, however submits that it be directed that the Ld. CAT shall consider the case of the petitioners on its own merits without being prejudiced either by the earlier order of the Ld. CAT dated 01.02.2024 or the impugned order dated 12.12.2025, passed in C.P. 46 of 2025.
5.
Having regard to the facts and circumstances of the case, we grant liberty to the petitioners to file fresh original application, challenging the order dated 21.06.2024, passed by the Deputy Director General (E)-cum-Head of Office, Prasar Bharti, Doordarshan Kendra, Patna, however we direct the Ld. CAT to consider the aforesaid original application on its own
5/5 merits afresh without being prejudiced either by its earlier order dated 01.02.2024 or the impugned order dated 12.12.2025. 6.
Accordingly, the present writ petition stands disposed of. (Mohit Kumar Shah, J) (Sourendra Pandey, J) Ajay/- U