D. K. JAIN, J.

( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against two common orders, dated 21st November, 2005, passed by the High Court of Delhi at new Delhi in L. P. A. Nos. 1135 and 1136 of 2005. By the impugned orders, the High Court has allowed the appeals, preferred by the Indian Airlines Limited, the sole respondent in this appeal, against the order passed by a learned Single Judge of the High Court in the miscellaneous application filed by the first appellant herein, seeking clarification of the final judgment rendered by the learned single Judge on 11th October, 2004. The Division Bench has held that after disposal of the writ petitions, miscellaneous application was not maintainable and, hence order dated 4th March, 2005 on the said application was without jurisdiction.

( 3 ) IN order to appreciate the controversy, it would be necessary to recapitulate the background facts, stated in detail by the learned Single Judge. These are as follows: the appellants were appointed as Field Officers by the government of India, Ministry of Agriculture, Directorate of agricultural Aviation in the years 1978 and 1979. On 24th july, 1987, they were transferred under the administrative control of the Ministry of Civil Aviation. M/s Vayudoot Limited (for short `vayudoot'), a public sector undertaking, was incorporated in the year 1981. In the year 1988, the assets of the Directorate of Agricultural Aviation were transferred to vayudoot. As a result thereof, the services of the officers of directorate of Civil Aviation were placed at the disposal of vayudoot, on deputation. The deputation was on same terms and conditions including pay and allowances as were being received by the appellants under the Ministry of Civil Aviation.

( 4 ) ON 8th April, 1988, posts of the appellants were re-designated as Operation Officers. Again on 9th May, 1989, the designation of the appellants was changed to Assistant manager. Appellant No. 1 - K. P. S. Rathore, was selected as a trainee pilot on 1st January, 1989 and was confirmed as such with effect from 1st November, 1990. Appellant No. 2 -K. A. Ansari, was appointed as a junior pilot on 1st July, 1990 and was confirmed as such with effect from 1st october, 1990.

( 5 ) IT appears that in the year 1993, the Government of India took a policy decision to merge Vayudoot with Indian airlines. On 24th May, 1994, Ministry of Civil Aviation issued an order conveying the decision of the Government that the process of absorption of the Vayudoot employees shall commence by 31st June, 1994 with certain relaxations/benefits to them on joining the new organisation. The benefits included protection of basic pay drawn by the employees of Vayudoot at the time of their absorption in Indian Airlines.

( 6 ) IT seems that the employees of Vayudoot, who were absorbed in the Indian Airlines in a separately created `short Haul Operations Department', referred to as `shod' by the learned Single Judge, demanded integration with the existing employees of Indian Airlines. They claimed that they had a right to be promoted to the next corresponding post with the existing employees of Indian Airlines by including the service rendered by them under Vayudoot. As expected, the integration was opposed by the existing employees of the Indian Airlines. Negotiations were held and in the meeting held on 10th March, 1988, one of the decisions' taken was as under: "pilot

1. SHOD pilots will undergo training in IA aircraft and on getting type endorsement will be placed at the bottom of the seniority of First Officers (Co-Pilots ). However, their past services will be counted for the purpose of pay protection and other financial benefit. Their future growth will be on the basis of the line of seniority. The IA will take necessary action to initiate their training within a period of one month.

2. Pilots who fail to obtain licence endorsement as per IA rules will be retained in SHOD. Such pilots may be provided appropriate ground job. The