R.V.RAVEENDRAN, MARKANDEY KATJU
National Aviation Company of India Ltd. – Appellant
Versus
S. M. K. Khan – Respondent
JUDGMENT
R.V. Raveendran, J. —
The appellant is the successor of Indian Airlines Ltd. (for short ‘IAL’). On 12.9.1966 the respondent joined IAL as a Security Assistant. His work was unsatisfactory and several warnings and minor punishments were given for insubordination, indiscipline, negligence, sleeping on duty etc. He was also chargesheeted in regard to the repeated acts of misconduct and was imposed the punishment of demotion to the post of Chowkidar on 26.5.1971. Even thereafter his service was unsatisfactory resulting in several reprimands and warnings. He was however again appointed as Security Assistant with effect from 17.8.1990, in the normal process of recruitmnent, under internal selection. He was also given the benefit of a time bound promotion on 6.7.1998. When he attained the age of 55 years his case was reviewed under Rule 12 of Indian Airlines Employees Service Regulations to consider whether he should be continued in service beyond the age of 55 years. In view of the unsatisfactory service record, on review, the Regional Director (South), IAL, who was the competent authority, issued a notice dated 11.5.1998 proposing to retire him from service with effect from 10.
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