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1980 Supreme(SC) 478

SUPREME COURT OF INDIA
R.S. PATHAK AND O. CHINNAPPA REDDY, JJ.
Roshan Lal and others, Petitioners
Versus
International Airport Authority of India and others, Respondents.
Writ Petns. Nos. 4557-4560 of 1978, D/- 11-11-1980.

Headnote:

International Airports Authority Act, 1971 - Airport Officers - Scale of Pay - Claim Seniority - Petitioners and respondents Nos. 3, 5, 8, 11, 12, 13, 14 and 15 were appointed, on various dates, in year and later as Airport Terminal Managers - Organisation of an Airport Management consisted of an Airport Director at apex, a Deputy Director immediately below him, an Airport Officer below Deputy Director and Terminal Managers, Executive Engineers, Accounts Officer, Assistant Personnel Officers etc. below Airport Officer - Scale of pay of a Terminal Manager was Rs. 350-900 - Scale of Pay of an Airport Officer was Rs. 400-950 - Duties of Airport Terminal Managers and Airport Officers were prescribed respectively in Circulars – Held, It was during that period that Airport Officers and Terminal Managers were relieving each other in performance of their duties – Court is not prepared to hold that this circumstance would entitle petitioners to claim that they were already performing duties of Airport Officers and that they were entitled to claim seniority on that basis - Smt. Shyamla Pappu also placed reliance on office note put up by Shri Viswanath according to which duties and responsibilities of Airport Officers are generally same as were being performed by erstwhile Terminal Managers - Learned counsel for International Airport Authority - This is evident from fact that Asstt. Apron Controller is to assist them in carrying out responsibilities - Post of Terminal Manager was abolished and persons holding these posts were made to undergo a fresh interview and given specialised tRaming at CATC - New persons with requisite qualifications were inducted in newly created post of Airport Officer and on basis of marks obtained in interview board their seniority was decided upon - Since there has been delay in implementation of Apron Control and Airport Officers have been managing duties of Terminal Manager, it cannot be said that duties of the Airport Officers are same as those of Terminal Managers - Petitions dismissed.

Judgment

CHINNAPPA REDDY, J.:- The International Airport Authority was constituted by Act 43 of 1971 to administer the Airports of Bombay (Santacruz), Calcutta (Dumdum), Delhi (Palam) and Madras (Meenambakam). The petitioners and respondents Nos. 3, 5, 8, 11, 12, 13, 14 and 15 were appointed, on various dates, in the year 1972 and later as Airport Terminal Managers. In 1972 the organisation of an Airport Management consisted of an Airport Director at the apex, a Deputy Director immediately below him, an Airport Officer below the Deputy Director and Terminal Managers, Executive Engineers, Accounts Officer, Assistant Personnel Officers etc. below the Airport Officer. The scale of pay of a Terminal Manager was Rs. 350-900 (subsequently revised to Rs. 650-1200). The scale of Pay of an Airport Officer was Rs. 400-950 (subsequently revised to Rs. 700-1300). The duties of Airport Terminal Managers and Airport Officers were prescribed respectively in Circulars Nos. 17/31/74-Ops. dated August 30, 1974, and 17/31/74-Ops. dated April 8, 1974. Though it was claimed by the- learned counsel for the petitioners that the duties of a Terminal Manager and an Airport Officer were the same a perusal of the two Circulars reveals that it is not so in fact. The circular prescribing "the duties and responsibilities of a Terminal Manager" expressly mentions that Terminal Managers "will have to maintain very close liaison and seek the directions/instructions in dealing with matters from the Airport Director/Deputy Director/Airport Officers as the case may be" clearly indicating that Airport Officer was superior and Terminal Manager was subordinate in status. The Terminal Manager is responsible for ensuring cleanliness of the Terminal Building and surrounding areas and to make periodical checks of the operational areas to see that runways etc., are clear of hazards of aircraft movement. They have to maintain liaison with airlines and Government Officers to collect information regarding aircraft movements. They have to take possession of unclaimed lost property and to make the same over to the Airport Director. They are required to keep a check on the distribution and sale proceeds of Airport admission tickets, car park admission tickets etc. They are to maintain liaison with local police and security forces. They are required to check VIP and VVIP lounges to keep them neat. They are to check the suggestion box from time to time. They are also to maintain discipline of the staff placed under them. They are required to report to the Airport Director all events of unusual occurrence. They are. also required to perform any other duties that may be assigned to them by the Airport Director. On the other hand the Airport Officer is required to assist the Director and Deputy Director in the day to day running of the Airport and to deal with correspondence in respect of the maintenance of the Airport runways etc. He is required to inspect the lighting systems and power generation sets and to check the efficient functioning of crash, fire and rescue services. He is to be in charge of co-ordination with all authorities, agencies for safety of aircraft operations. He is expected to take preventive measures against bird hazards, cattle and dog nuisance. He is to check the revenue from admission fees and passenger service fees at the Airport. He is to keep liaison with all Government Departments. He is to maintain discipline and orderly movement of vehicular traffic. He is to inspect and check the functioning of various passenger amenities and services, the functioning of P. A. System, Aircraft Movement Boards etc. etc. A comparison of the duties and responsibilities of the Terminal Manager with the duties and responsibilities of an Airport Officer clearly reveals that they are by no means the same and that the duties and responsibilities of an Airport Officer are of a supervisory character, endowed with greater responsibility.

2. The International Airport Authority of








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