ROSHAN LAL Vs. INTERNATIONAL AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) The International Airport Authority was constituted by Act 43 of 1971 to administer the Airports of Bombay (Santacruz), Calcutta (Dumdum), Delhi (Palam) and Madras (Meenambakam). The petitioners and respondents Nos. 3, 5, 8, 11, 12, 13, 14 and 15 were appointed, on various dates, in the year 1972 and later as Airport Terminal Managers. In 1972 the organisation of an Airport Management consisted of an Airport Director at the apex, a Deputy Director immediately below him, an Airport Officer below the Deputy Director and Terminal Managers, Executive Engineers, Accounts Officer, Assistant Personnel Officers etc. below the Airport Officer. The scale of pay of a Terminal Manager was Rs. 350-900 (subsequently revised to Rs. 650-1200). The scale of Pay of an Airport Officer was Rs. 400-950 (subsequently revised to Rs. 700-1300). The duties of Airport Terminal Managers and Airport Officers were prescribed respectively in Circulars Nos. 17/31/74-Ops. dated August 30, 1974, and 17/31/74-Ops. dated April 8, 1974. Though it was claimed by the- learned counsel for the petitioners that the duties of a Terminal Manager and an Airport Officer were the same a perusal of the two Circulars reveals that it is not so in fact. The circular prescribing "the duties and responsibilities of a Terminal Manager" expressly mentions that Terminal Managers "will have to maintain very close liaison and seek the directions/instructions in dealing with matters from the Airport Director/Deputy Director/Airport Officers as the case may be" clearly indicating that Airport Officer was superior and Terminal Manager was subordinate in status. The Terminal Manager is responsible for ensuring cleanliness of the Terminal Building and surrounding areas and to make periodical checks of the operational areas to see that runways etc., are clear of hazards of aircraft movement. They have to maintain liaison with airlines and Government Officers to collect information regarding aircraft movements. They have to take possession of unclaimed lost property and to make the same over to the Airport Director. They are required to keep a check on the distribution and sale proceeds of Airport admission tickets, car park admission tickets etc. They are to maintain liaison with local police and security forces. They are required to check VIP and VVIP lounges to keep them neat. They are to check the suggestion box from time to time. They are also to maintain discipline of the staff placed under them. They are required to report to the Airport Director all events of unusual occurrence. They are. also required to perform any other duties that may be assigned to them by the Airport Director. On the other hand the Airport Officer is required to assist the Director and Deputy Director in the day to day running of the Airport and to deal with correspondence in respect of the maintenance of the Airport runways etc. He is required to inspect the lighting systems and power generation sets and to check the efficient functioning of crash, fire and rescue services. He is to be in charge of co-ordination with all authorities, agencies for safety of aircraft operations. He is expected to take preventive measures against bird hazards, cattle and dog nuisance. He is to check the revenue from admission fees and passenger service fees at the Airport. He is to keep liaison with all Government Departments. He is to maintain discipline and orderly movement of vehicular traffic. He is to inspect and check the functioning of various passenger amenities and services, the functioning of P. A. System, Aircraft Movement Boards A comparison of the duties and responsibilities of the Terminal Manager with the duties and responsibilities of an Airport Officer clearly reveals that they are by no means the same and that the duties and responsibilities of an Airport Officer are of a supervisory character, endowed with greater responsibility.

(2.) The International Airport Authority of India at its meeting held on December 23, 1975 decided to accept the recommendations of a Task Force appointed by it to consider the question of reorganisation and rationalisation of the existing set up at the Airports and Headquarters. According to the decision which was taken on December 23, 1975 there was to be an Airport Director at the top, next to him a Deputy Director and below him Airport Officers, Executive Engineers etc. There were to be five Airport Officers (Ops)., instead of the existing single Airport Officer at the Bombay Airport. Five posts of Terminal Managers at the Bombay Airport were to be abolished. Officers known as E and M Officers were to be redesignated, as also the Accounts Officer. Similarly at the Airports of Delhi, Calcutta and Madras the number of Airport Officers (Ops.) was to be raised from one to five, from one to four, and from one to three respectively and the posts of Terminal Managers in all the Airports were to be abolished, five at Delhi, four at Calcutta and three at Madras. The posts previously called E and M Officers and Accounts Officers were to be redesignated. The duties of Airport officer (Operations) were stipulated in these terms:

(3.) Even before the Board of the International Airport Authority passed its resolution accepting the scheme of reorganisation proposed by the Task Force, two posts of Airport Officers (Operations) were advertised in September, 1974. Among other applicants for the posts there were ten out of the fourteen Airport Terminal Managers then employed. After considering the rival merits of all applicants and interviewing them a common panel for the posts of Airport Officers (Operations), Airport Officers (Apron Control) was prepared. Four out of the ten Airport Terminal Managers who had applied were included in the panel. After the approval of the proposal for rationalisation and reorganisation, the posts of Airport Officer (Apron Control) were abolished and those posts were converted into posts of Airport Officers (Operations). Appointments to some of the posts of Airport Officers (Operations) were made from the panel in order to facilitate the absorption and appointment of the remaining Terminal Managers (which posts were abolished) as Airport Officers "a general mental ability and aptitude test was held". The petitioners and various other employees of the International Airport Authority appeared at the aptitude test and were selected. Thereafter they were appointed as Airport Officers (Ops.). In December, 1977, a seniority. list of Airport Officers was published and the complaint of the petitioners is that although they were senior to some of the respondents as Terminal Managers and had entered the service of the International Airport Authority long before the appointment of the remaining respondents as Airport officers, they were placed below the respondents in the seniority list.