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2019 Supreme(Del) 116

VIPIN SANGHI, JYOTI SINGH
AIRPORTS AUTHORITY OF INDIA – Appellant
Versus
MAHESH KUMAR SETHI – Respondent


Advocates Appeared:
For the Appellants :Mr. K.K. Rai, Sr. Advocate with Mr. Digvijay Rai, Mr. Anshul Rai and Mr. Kustubh Singh, Advs.
For the Respondents:Ms. Kiran Suri, Sr. Advocate with Mr. Soumyajit Pant, Mr. Deepak Bhattacharya, Ms. Aishwarya Kumar, Ms. Ritika Gambhir and Mr. Chittranjan Singh, Advs., Ms. Anjana Gosain with Ms. Shalini Nair and Ms. Rabiya Thakur, Advs., Mr. Kumar Rajesh Singh, Adv.

JUDGMENT :

JYOTI SINGH, J.

1. The present appeals have been filed by the Airports Authority of India (hereinafter referred to as ‘AAI’) seeking quashing and setting aside of the judgment dated 25.09.2013 passed by the learned Single Judge in W.P.(C) Nos. 6823/2012 & 6824/2012 whereby the learned Single Judge has allowed the writ petitions, holding that the respondents had validly withdrawn their respective applications, for voluntary retirement and has accordingly directed their reinstatement with 40% of the total monthly emoluments from 01.05.2009 till the passing of the judgment, along with costs of Rs.25,000/- in favour of the respondents.

2. The relevant and necessary facts for deciding the LPA No.882/2013 are as under :

(i) The respondent no.1 herein was appointed as a Wireman Helper with the AAI. He, thereafter, earned promotions and was working as an Assistant (Electrician) at IGI Airport on the date of his voluntary retirement.

(ii) AAI entered into a private partnership with a private entity DIAL under an Operation Management and Development Agreement (hereinafter referred to as ‘OMDA’) on 04.04.2006.

(iii) Anticipating a change in some service conditions, prejudicial to them, p






















































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