INDIAN AIRLINES LIMITED Vs. S GOPALKRISHNAN

JUDGEMENT

(1.) Leave granted.

(2.) Appellant No. 1 called for applications by notice dated 8-8-1997 for the post of Junior Operator for its Southern Region. In the said notice, the requisite qualification for appointment as a Junior Operator is that the candidate should have two years experience in equipment operating or driving and possess current heavy vehicles driving licence. It is also stated therein that the experience would be computed after the date of acquiring the necessary qualification. The respondent, who made an application for the said post, possesses an ITI certificate since 1994 and a diploma in Mechanical Engineering, which was obtained in April, 1996 and on 9- 1-1987 he was granted a licence to drive light motor vehicle and subsequently the same was endorsed on 29-6-1994 to drive the heavy motor vehicles as well. On the ground that the respondent did not possess two years experience in heavy vehicle driving after his acquiring diploma in Mechanical/electrical /automobile Engineering the respondent was not selected for the said post. Thereafter he filed a writ petition before the High Court. The learned single Judge held that the respondent possesses the necessary qualification for being appointed as a Junior Operator and held the action of appellant No. 1 in not appointing him and giving him a posting, arbitrary and, therefore, granted the relief. The writ appeal filed against the same also being unsuccessful, these appeals are preferred by special leave.

(3.) The short point for consideration is as to what is the job requirement of the Junior Operator and they are set out in the employment notice which reads as under: