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Union Of India v. M.A Chowdhary .
Factual and Procedural Background
M.A. Chowdhary (“the respondent”) was first engaged as a Staff Artist in All India Radio, Bombay, under a three-year contract with the Director-General, All India Radio. On expiry of that term he was re-employed on successive one-year contracts until 30-11-1964, and thereafter on a five-year contract.
Following a Government of India order dated 2-11-1967 extending the tenure of Staff Artists up to the age of 55, a new clause was inserted in the respondent’s contract guaranteeing employment until 31-12-1985, the date on which he would turn 55. Clause 4(v) nevertheless allowed either side to terminate the engagement on six months’ notice.
After the respondent’s transfer to All India Radio, Varanasi, an Assistant Station Director issued a notice on 5-10-1970 terminating his services after six months under Clause 4(v). The respondent challenged that notice before the Allahabad High Court by writ petition.
The Single Judge held that the respondent occupied a “civil post” and was entitled to the protections of Articles 311(2) and 16 of the Constitution; terminating him while retaining juniors violated Article 16. The notice was quashed. A Division Bench affirmed, holding that the contract created a master–servant relationship with the Government and that any termination without compliance with Article 311(2) amounted to unconstitutional removal. The Union of India appealed to the Supreme Court.
Legal Issues Presented
- Whether Staff Artists of All India Radio hold “civil posts” under the Government of India within the meaning of Article 311 of the Constitution.
- If they do, whether a contractual clause permitting termination on six months’ notice can be exercised without following the safeguards mandated by Article 311(2).
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Supreme Court recorded the statement of learned counsel for the Union of India conceding that Article 311 applies to Staff Artists of All India Radio. The Court accepted that concession as correctly reflecting the legal position, noting that Staff Artists are holders of civil posts under the Government.
Given that finding, the Court reasoned that the six-month notice clause, though rooted in the contract, could not be used to bypass the constitutional safeguards of Article 311(2). Since the High Court had already quashed the notice on that footing, and the Government now acknowledged the same constitutional applicability, no further analysis was required. The Supreme Court therefore upheld the High Court’s judgment.
Holding and Implications
Appeal Dismissed. The Supreme Court affirmed the Allahabad High Court’s ruling that Staff Artists of All India Radio are protected by Article 311 and that the six-month notice termination was invalid.
Implications: The decision confirms that contractual employees designated as Staff Artists in All India Radio occupy civil posts and enjoy constitutional protection against dismissal or removal without compliance with Article 311(2). The ruling preserves the respondent’s employment and signals that similar contractual clauses cannot override constitutional safeguards; however, the Court set no new precedent beyond applying established constitutional principles to this category of employees.
1. The respondent — M.A Chowdhary was appointed as a Staff Artist in All India Radio, Bombay under an agreement executed by him with the Director General of All India Radio. The agreement was for three years. On the expiry of three years, the respondent was re-employed and his contract was renewed on yearly basis up to 30-11-1964. Thereafter he was re-employed on a five years' contract.
2. On 2-11-1967 the Government of India passed an order stating that Staff Artists should be allowed to remain in service up to the age of 55 years. Accordingly, a clause was added to the agreement executed by the respondent, stipulating that the respondent shall remain in service up to 31-12-1985 on which date he was to attain the age of 55 years. Clause 4(v) of the agreement, however, provided that the respondent's service will be liable to be terminated on 6 months' notice on either side.
3. In due course, the respondent was transferred to All India Radio, Varanasi. The Assistant Station Director of All India Radio, Varanasi issued a notice dated 5-10-1970 intimating the respondent that his services would stand terminated on the expiry of 6 months from 5-10-1970 in accordance with clause 4(v) of the agreement
4. The respondent challenged the validity of the aforesaid termination notice by writ petition filed in the High Court of Allahabad. The learned Single Judge held that having regard to the service conditions, it must be held that the respondent was holding a “civil post”, and as such was entitled to the protection of Articles 311(2) and 16 of the Constitution, and that inasmuch as persons junior to him had been retained in service, the Appointing Authority in terminating his services had violated Article 16 of the Constitution. On these grounds, the notice of termination of the respondent's service was held bad and quashed.
5. In appeal, the Division Bench held that in view of clauses (1) to (4) of the agreement it is apparent that the government in consideration of a monthly salary, controls the nature and manner of work assigned to the staff artists, that the government had complete control over the respondent's work and manner and method of doing the work, which was supervised by the higher authorities, that the relationship between the respondent and the appellant was clearly of a master and servant, and the respondent was, therefore, holding a “civil post” within the meaning of Article 311(1) of the Constitution. The athority to terminate the respondent's service on 6 months' notice emanated from the contract but nonetheless it has the effect of violating Article 311(1) of the Constitution. It must comply with Article 311(2), otherwise the termination would be a removal from service within the meaning of Article 311(2) and in violation of its provisions. The Division Bench held that the notice of termination was void and rightly quashed by the learned Single Judge and dismissed the appeal of the Union of India.
Order
Shri A.K Ganguli, learned Counsel for the Union of India submits that Article 311 of the Constitution is applicable to the Staff Artists of the All India Radio. We are of the view that the statement made on behalf of the government represents the true legal position because the Staff Artists are holding civil posts under the government. In view of the above statement, this appeal filed against the judgment of the High Court of Allahabad in Special Appeal No. 258 of 1974 which has also taken the view that Article 311 is applicable to those Staff Artists has to be dismissed. This appeal is accordingly dismissed. No costs.
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