PRADEEP NANDRAJOG, J.

1. The controversy involved in the above captioned intra-court appeal relates to appointment to the post of Air Traffic Control (hereinafter referred to as ‘ATC’) cadre in Airports Authority of India.

2. To adjudicate upon the controversy in the present case we need to start our journey from the year 1972 when all airports in India were under the direct control of the Ministry of Civil Aviation, Government of India. The employees engaged to manage the airports were the employees of the Central Government and were paid wages as recommended from time to time by the Pay Commissions subject to such changes as were made by the Central Government. In other words these employees were receiving salary as per the CDA Pattern.

3. At that time the hierarchical structure of ATC Cadre in the Department of Civil Aviation was as follows:-

Senior Aerodrome Officer

Aerodrome Officer

Assistant Aerodrome Officer

Aerodrome Assistant

4. The conditions of service of employees of the Department of Civil Aviation were governed by the Civil Aviation Department (Class I and Cla