B D GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are three proceedings instituted by an aggrieved employee, Captain B. D. Gupta (hereinafter referred to as the "petitioner"). Civil Appeal No. 4026 of 1982 is directed against the decision dated 26th May, 1982 of the Allahabad High Court in two writ petitions. Writ Petition No. 176 of 1982 was filed by the petitioner and the other writ petition was filed by one Captain R. S. Sanger with whom we are not concerned here. In his writ petition in the High Court, the petitioner had challenged the appointment of Captain Shashank Shekhar Singh, who is one of the respondents herein, to the post of Director, State Civil Aviation Department, Uttar Pradesh, and had prayed for a direction to hold fresh selection for the said post by treating him senior to Captain Singh. The petition was dismissed by the High Court by the impugned decision dated 26th May, 1982.

(2.) In order to appreciate the grievance of the petitioner in these proceedings, it is necessary to state the relevant facts. In the State of Uttar Pradesh, in 1947 a Society called "Cooperative Hind Flying Club, Lucknow" was registered under the U.P. Co-operative Societies Act for training pilots etc. The affairs of the said Club were in an unsatisfactory state on account particularly of the financial stringency, and hence in 1969 an administrator was appointed by the State Government to manage its affairs. The State Transport Commissioner was the administrator. There was no other institute, private or Government, engaged in the task of training pilots. On January 15, 1971, the petitioner was appointed as an Assistant Pilot Instructor in the said Club. On 18th November, 1974, he was promoted as Pilot Instructor (Senior Grade) in the scale of Rs. 800-1400/- and on 21st May, 1975 he was confirmed in the said post. On 28th August, 1976, he was promoted as Pilot Instructor In charge as per the decision of the Director General, Civil Aviation, Government of India and he was also asked to fly Government (VIP) aircrafts. On 1lth November, 1976, the State Government created the post of Government Pilot in the scale of Rs. 1950-2250/-.

(3.) Captain Singh was appointed on Ist May,1979 not in the Club but in the Department of State Civil Aviation on the post of Helicopter Pilot and his pay was fixed at Rs. 1550 + Rs. 250 = Rs. 1800 per month which he was drawing in the Army as a Regular Commissioned Officer.