KAMAL PRASHAR Vs. AIRPORT AUTHORITY AND ORS.

JUDGEMENT

(1.) Civil Appeal No.1434 of 2008 seeks to challenge the judgment and order dated 07.02.2006 passed by the High Court of Delhi in LPA Nos.21 of 1999 and 314 of 2000 as well as the order dated 02.06.2006 in Review Application No.209 of 2006 arising from said judgment and order dated 07.02.2006 in so far as LPA No.314 of 2000 was concerned. Civil Appeal No.1435 of 2008 seeks to challenge the order dated 05.05.2006 passed by the High Court of Delhi in Review Application No.161 of 2006 arising out of the judgment and order dated 07.02.2006 in so far as LPA No.21 of 1999 was concerned. Since both these appeals arise out of the same proceedings they are being dealt with and disposed of by this common judgment.

(2.) The appellant was appointed as Assistant Aerodrome Officer with Director General Civil Aviation ("DGCA" for short) on 04.03.1974 and was promoted to the post of Aerodrome Officer in 1980. He was transferred to Leh by order dated 23.05.1985 but said transfer could not take place as proper accommodation was not available at Leh and the appellant continued to be stationed at Delhi. In the year 1985, the National Airport Authority Act, 1985 (Act 64 of 1985) was enacted which came into operation w.e.f. 07.12.1985 (hereinafter referred to as the Act). The Act provided for establishment of an authority namely National Airport Authority ("NAA" for short) for the management of Aerodromes and Civil Enclaves whereat domestic Air Transport Services are operated or intended to be operated and for management of all communication stations and matters connected therewith. Section 13(3) of the Act which is relevant for our purposes is quoted hereunder :-

(3.) The record indicates that NAA was established w.e.f. 01.06.1986 and the employees holding office under the DGCA as described in Section 13(3) of the Act were en masse sent on deputation to NAA. On 31.03.1986 the appellant had written to the DGCA stating that he would like to continue his services in the office of the DGCA. Immediately upon establishment of NAA, the appellant again wrote to the DGCA on 04.06.1986 stating that he did not wish to join NAA and his services be retained with the DGCA.