The employer's discretion in setting promotion policies and cut-off criteria for pilot command training is upheld, impacting seniority for non-compliance.

JUDGMENT

V. Kameswar Rao, J.

CM. No. 32135/2020 (for delay)

This is an application filed by the applicants/petitioners seeking condonation of 48 days delay in filing reply to the affidavit filed by respondent Nos. 1 to 5. For the reasons stated in the application same is allowed and the delay is condoned. The reply is taken on record.

Application stands disposed of.

W.P.(C) 6137/2018

1. The present petition has been filed by the petitioners with the following prayers:

"It is therefore, in the facts and circumstances of the case, the petitioners most respectfully prayed that this Hon'ble Court may be pleased to:

(A) That the respondents be directed to issue Command training Letters for their Command Training and their original seniority be not disturbed.

(B) That the respondents be directed not to issue Command Training letter and conduct training in terms of letter dated 19.06.2017 of persons who are much junior to the petitioners as the same is discriminatory and the petitioners are entitled for the same.

(C) That the circular dated 13.07.2017 be quashed.

(D) That the letter dated 19.06.2017 be quashed to the extent which confers seniority to other persons who are junior to the petitioners.

(E) Such further and other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The instant petition arises from a dispute which finds its origin in the circulars of respondent Nos.1 to 5, i.e., Air India dated August 27, 2015, June 19, 2017 and July 13, 2017, concerning its Wide-body (Aircraft) Pilots. It was from the circular dated June 19, 2017, through which a "New Career Progression Policy" (`policy', for short) was brought into place, replacing the Wage Agreement which governed the Pilots including the petitioners herein. This circular has been given effect from June 1, 2017. This circular was followed by another circular dated July 13, 2017, which extended the deadline for grant of newly introduced E-5 Grade, i.e., Captain's Grade to a date of June 30, 2017 without effecting the seniority. The petitioners contend that the earlier subsisting seniority list is now sought to be replaced by a new seniority list even for the command upgrade even though the regulations of the Directorate General for Civil Aviation (`DGCA', for short) as well as the policies, wage agreements, and operations manual of the respondent Nos.1-5 (`Respondent No. 1', for short) provided for a different set of eligibility requirements, different from that required for obtaining the Captain's Grade. The petitioners have contended that they became eligible for the Captain's Grade and consequently for command upgrade in September 2017 when they cleared Air-Line Transport Pilot papers (`ALTP papers' for short). They have contended in the petition that a command upgrade was offered to their juniors for the first time in June, 2018 on the basis of ante-dated, retrospective circulars which the petitioners allege are illegal and in-actionable.

3. Mr. Ashutosh Lohia, learned counsel appearing for the petitioners stated, that as per the Career Progression, a candidate starts flight training in a flight school. He begins with his first license which is the Student Pilot License (`SPL', for short). After the candidate