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2012 Supreme(Del) 1718
IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KAIT, J.
BINIT KUMAR TOPPO & ORS. : Petitioners
Versus
UNION OF INDIA & ORS. : Respondents
WP(C) Nos.7390/2001 & W.P(C) Nos. 9010-9060/2001
Decided On : 17th July, 2012
Ms. Pooja Dhar, Adv.
Mr. V.K. Rao, Senior Advocate with Ms. Neha Bhatnagar, Adv. for R2.
Headnote:
UNDERTAKING - Employment Dispute - Civil Aviation Department (Class I and Class II posts) Recruitment (Amendment) Rules, 1982 - Recruitment & Promotion Rules, 2005 - The petitioners sought direction to place them in the post of Manager (ATC) or any equivalent post with consequential benefits. The court held that the petitioners were entitled to the post of Manager (ATC) with the pay scale attached from the date of their actual appointment. The court also directed the respondents to pay 50% of back wages to the petitioners.
Fact of the Case:
The petitioners sought direction to place them in the post of Manager (ATC) or any equivalent post with consequential benefits.
Finding of the Court:
The court found that the petitioners were entitled to the post of Manager (ATC) with the pay scale attached from the date of their actual appointment. The court also directed the respondents to pay 50% of back wages to the petitioners.
Issues: The main issue was whether the petitioners were entitled to the post of Manager (ATC) or any equivalent post with consequential benefits.
Ratio Decidendi: The court held that the petitioners were entitled to the post of Manager (ATC) with the pay scale attached from the date of their actual appointment. The court also directed the respondents to pay 50% of back wages to the petitioners.
Final Decision: The court allowed the instant petitions and dismissed certain related applications as infructuous.
SURESH KAIT, J.
1. Vide the instant petitions, the petitioners, who are total 52 in numbers, have sought direction or order directing the respondent to place the petitioners in the post of Manager (ATC) or any other equivalent post with effect from the date of their appointments.
2. Consequently, place the petitioners as seniors to the promotees on the posts specially created and advertised for which the petitioners had been selected, with the consequential benefits thereto.
3. Case of the petitioner is that the respondent, with a view to provide world standard air services, created 60 posts of Manager(ATC) in the pay scale of `5000-225-5900-250-8400, to fill-up the same, issued advertisement on 10.08.1999.
4. Thereafter, vide communication dated 10.08.1999 of Airports Authority of India, the petitioners were invited to appear in selection test on 09.01.2000 (Sunday) at 9.45 am. Vide this communication, the respondent narrated the mode of selection and procedure for marking the answer sheet.
5. Vide communication dated 23.05.2000, the petitioners were invited for voice test and interview for the aforementioned post of Manager (ATC). In the said letter it was stated that selection would be subject to qualifying in the voice test. However, in Para 5 of the said communication, mentioned as under:-
“5. The pay revision for Executives is to be implemented w.e.f. 1.1.1997. As a consequence of the Executive pay revision designation, scale of pay and other related terms and conditions will be suitably decided and will be applicable to you. You are, therefore, requested to sign the enclosed declaration as token of your acceptance.”
6. At the time of interview, the petitioners were also asked to sign a declaration which is mentioned as under:-
“I understand that the executives pay revision in Airports Authority of India is due for implementation w.e.f 01.01.97. Though I had applied for the post of Manager (ATC) in pre-revised scale of Pay `5000-8100, I will have no objection to accept the designation and the scale of pay in the revised structure of pay scales as may be decided by the management of AAI for the recruitment exercise. I undertake that I will not make any representation in this regard.”
7. Thereafter, the Offer of Appointment dated 29.05.2000 issued to the petitioners which reads as under:-
“We are pleased to offer you an appointment to the post of Junior Executive Trainee (ATC).
2. The terms and conditions of appointment are as per appendix to this letter. 3. In case the terms and conditions as offered are acceptable to you, you may forward your acceptance to us latest by 16.04.2000 (Friday) failing which this offer shall be treated as cancelled without any further correspondence. In the event of your acceptance, you will report for training to the Principal, Civil Aviation Training College, Airports Authority Division), Bamrauli, Allahabad-211012 on 3rd July, 2000. It must be noted that no request for extension/postponement of the reporting date for training at CATC, Allahabad will be entertained.”
8. Vide subsequent communication which is at page 26, mentioned as under:-
“1. TRAINING The period of training will be 52 weeks at the Airports Authority of India (National Airports Division), Civil Aviation Training College, Bamrauli, Allahabad and at any other airport/ place as determined by the Management. The duration of the training may be extended or terminated based on the performance and conduct of the Trainee during the training period. 2. SERVICE CONDITION DURING TRAINING
(a) STIPEND The trainee will be given a consolidated stipend of ` 7500/- (rupees seven thousand five hundred only) per month.”
“6. SERVICE CONDITION ON REGULAR APPOINTMENT On successful completion of the training, trainee will be appointed as Junior Executive (ATC) in the Airports Authority of India (NAD) in the scale of ` 8600-250-14600 (IDA pattern) plus other allowances as admissible from time to time at that level. On successful completion of two year
