An employee who has given an undertaking to accept the revised pay scales and designation cannot later challenge the same.

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 Class II Posts) Recruitment Rules, 1969 (hereinafter referred to as the ‘1969 Rules’). Under the 1969 Rules direct recruitment in ATC cadre was at two posts; viz. (i) Aerodrome Assistant; and (ii) Assistant Aerodrome Officer. The appointment to the post of Aerodrome Officer was by 100% promotion from the eligible Assistant Aerodrome Officers having an experience of three to eight years. The age and eligibility criteria(s) prescribed for promotion to the post of Assistant Aerodrome Officer was as follows:

S. No.	Age prescribed for promotion to the post of Aerodrome Officer	Eligibility criteria prescribed for promotion to the post of Aerodrome Officer
1	Not Applicable	(i) Matriculation or equivalent from a recognized University, Board/School and (ii) successful completion of specified training course in Air Traffic Control at the Civil Aviation Training Centre.

5. On April 01, 1972 by an Act of Parliament the International Airport Authority of India was constituted and four international airports : Delhi, Bombay, Calcutta and Madras were handed over to the said International Airport Authority of India. Employees working in these airports were given the option to join the International Airport Authority of India with explicit understanding that they would continue to receive pay under the CDA Pattern till the year 1977 but thereafter the pay scales would be converted into IDA Pattern. Remaining airports continued to be managed directly by the Ministry of Civil Aviation.

6. 1969 Rules were amended in the year 1982 when the Civil Aviation Department (Class I and Class II posts) Recruitment (Amendment) Rules, 1982 (hereinafter referred to as the ‘1982 Rules’) were promulgated. Under 1982 Rules the appointment to the post of Aerodrome Officer was 66.66% by promotion and 33.33% by direct recruitment. The age and eligibility criteria(s) prescribed for direct recruitment to the post of Aerodrome Officer was as follows:

S. No.	Age prescribed for direct recruitment to the post of Aerodrome Officer	Eligibility criteria prescribed for promotion to the post of Aerodrome Officer
1.	Not exceeding years	26 Essential:

(A) Degree in Engineering or Bachelor’s Degree with Physics Mathematics as one of the subjects of a recognized University or equivalent.

OR

(b) (i) Should have passed Matriculation or equivalent qualification from a recognized University/Board/School.

(ii) Commercial pilot’s license obtained after acquiring the qualification at (i) above.

(i) Direct Recruitment:

Note : The candidate shall have to undergo voice test for determining their suitability for air traffic control duties.

7. The National Airport Authority of India was formed in the year 1986 by an act of Parliament and all remaining ai