ASHUTOSH Vs. INDIAN AIRLINES LTD

JUDGEMENT

(1.) LEAVE granted. The short question which arises for determination in this civil appeal is whether the appellant (employee) is entitled to seniority in the matter of promotion to the post of Deputy Chief Aircraft Engineer vis-a-vis Respondent Nos. 3 to 17.

(2.) ON 31.3.1992, a Settlement was reached between Indian Airlines and All India Aircraft Engineers' Association under which the then existing designations were revised as follows: <FRM>JUDGEMENT_341_TLPRE0_2007Html1.htm</FRM> The revised designation was to operate from 1.4.1989.

(3.) ACCORDING to the appellant, till today respondent Nos. 3 to 17 have failed to acquire approval qualification. ACCORDING to the appellant, the cut-off date, namely, 1.4.1995 has since passed. Appellant states that on 1.4.1991 he as well as respondents 3 to 17 were Sr. Aircraft Engineers. Appellant states that on 7.2.1994 respondents 3 to 17 were conditionally promoted with effect from 1.4.1992/1.4.1993. Therefore, according to the appellant, he was qualified for promotion on 15.12.1993 whereas respondents 3 to 17 till date have not acquired the requisite qualification. Appellant, therefore, prayed that respondents 3 to 17 were not entitled to promotions to the post of Deputy Chief Aircraft Engineers. It is the case of the appellant that he has been ultimately promoted to the post of Deputy Chief Aircraft Engineer vide order dated August, 2000 with effect from 1.10.1999. However, he has not been given promotion as Deputy Chief Aircraft Engineer from 15.12.1993 when he acquired the qualification and, therefore, Indian Airlines had erred in showing respondents 3 to 17 as senior to the appellant herein in the post of Deputy Chief Aircraft Engineer with effect from 1.4.1992/1.4.1993.