LENA KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, filed by an Air India employee, who at the relevant time was Deputy Chief Air Hostess, notice was taken for the respondents when the matter came up for admission. We directed the respondents to file their counter-affidavit. Accordingly counter-affidavit has been filed. The petitioner has filed her rejoinder affidavit also. Heard the learned counsel on both sides at some length.

(2.) Under the existing rules namely Regn. 46(1)(c) of the Service Regulation the petitioner was to retire on 28-2-1987 and in fact she retired on that date. The prayer in the writ petition is to quash the letter sent to her retiring her on 28-2-1987, to declare Regn. 46(1)(c) ultra vires, to direct reconsideration of the decision in Air India v. Nargesh Meerza, (1982) 1 SCR 438 and to declare that the petitioner will retire only on her attaining the age of 58 years.

(3.) Identical questions were raised before this Court in a few writ petitions earlier by some other employees of Air India and they were considered at length by a bench of three Judges in Air India v. Nargesh Meerza and were considered in favour of Air India. We are bound by this decision. The learned counsel for the petitioner submits that this decision needs reconsideration and made a fervent appeal to us to refer the matter for that purpose. We do not feel persuaded to accept this request.