The entitlement of flying allowances for Executive Pilots during accumulated leave periods as specified in the employer's circulars.

VALMIKI J. MEHTA, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioner, who was an Executive Pilot with the respondent no.2/employer/Indian Airlines Ltd, seeks the relief of payment of flying allowances at the time of encashment of accumulated leave of the petitioner. Petitioner was declared Permanently Medically Unfit (PMU) and was grounded w.e.f. 3.11.2000. The petitioner superannuated on 31.5.2003. Petitioner claims that when he superannuated and received his terminal benefits, he received leave encashment dues, but such leave encashment dues did not include flying allowances. I may note that petitioner has already expired and is now represented by his legal heirs but in this judgment reference will be to the petitioner as the original petitioner who had filed this writ petition.

2. Petitioner relies upon the circulars of the respondent no.2/employer dated 8.9.1972 and 28.5.1974 for claiming his flying allowances and these two circulars of the respondent no.2/employer read as under:-

“Circular dated 8.9.1972

Financial Controller

I.A. Hqrs.

New Delhi

FA & CAO BBY/CAL

Madras & Delhi

Sr. AFC. Hqrs.

Dy. C.A.O. Hyd.

Ref. No. Fin/Rules/93/2458

Sept. 8, 1972

Sub : Emoluments to permanently/temporarily Medically unfit pilots.

A request has been raised as to what Pay & Allowances would be admissible to permanently/temporarily medically unfit Pilots during Casual Leave and Sick Leave which accrued to him during the period of his disability when their licences are not current.

The clarification is given as under:

1. Permanently Disablement

No leave should accrue to a pilot after availing of his leave due to him on the day of his permanently medically unfitness. He is entitled for full pay and allowances for the period of leave which he has earned during the period when his licence was current and thereafter he will get Annuity as per Rules.

2. Temporary disablement.

He will get basic pay and Dearness Allowance during Casual & Sick Leave which will accrue to him during the period of his disablement when his licence was not current.

(R.K. Goel)

Asst. Fin. Controller (R)

f. Financial Controller

Circular dated 28.5.1974

From :

F.C.

I.A. Hqrs.

New Delhi

To :

The Regional Director,

BBY/CAL/DLH/MAA

Station Head, Hyd.

Director of Training, CTE

Begumpet

Ref. No.Fin/Rules/72/138

May 28, 1974

Sub : Medically unfit Executive Pilots-

Payment of Flying Allowance-

According to the existing practice, an Executive Pilot, on becoming medically unfit, has to proceed on leave immediately. During the period of leave which was to his credit on the date of his becoming medically unfit the Executive Pilot concerned is entitled to the payment of flying allowances.

2. It has now been decided that as and when an Executive Pilot becomes medically unfit the following procedure may be followed:

(a) From the date of medical unfitness he may be paid flying allowances for the period which would be covered by all types of leave due to him on the date of his medical unfitness, even though he continued working in his existing ground job.

(b) Special Sick Leave would be taken to have lapsed and he would not be entitled to this type of leave at a future date. A confirmation to this effect should be obtained from the concerned Executive Pilot in each case.

(c) Privilege Leave standing to his credit on the date of medical unfitness will be carried forward and future accumulation will continue to be made as per the rules applicable to general employee. Similarly, casual leave and normal sick leave will be admissible as per the rules applicable to the general employees. An undertaking should obtained from such Executive Pilot that they will be entitled to Sick Leave as per general employee Service Rules.

(d) The Management has the option to decide if the Executive Pilot would be retained in the same job or provided an alternate ground job after becoming medically unfit or placed on annuity. The Management, will, in future, take a decision on this point within three month