HINDUSTAN AERONAUTICS LIMITED Vs. INDIRA SHANKAR

JUDGEMENT

(1.) The appellant, Hindustan Aeronautics Limited [hereafter 'HAL'] ? a public sector undertaking, under the aegis of the Department of Defence Production, Ministry of Defence, Government of India ? has filed the present appeal impugning an order dtd. 1/4/2024 [impugned order], passed by the learned Single Judge of this Court in Writ Petition No.30867/2014 (S-PRO) captioned 'Smt. Indira Shankar v. M/s. Hindustan Aeronautics Limited'. The said writ petition was filed by the respondent impugning an order dtd. 4/6/2014 cancelling the respondent's promotion order dtd. 1/7/2013, whereby the respondent was promoted to the post of Grade - III. Consequently, the respondent was reverted to the post of HR Officer (Grade-II). The said reversion order was premised on the basis that the respondent did not hold the necessary qualification for grant of promotion from Grade-II to Grade-III.

(2.) The learned Single Judge allowed the writ petition. The learned Single Judge held that the reversion order dtd. 4/6/2014 was based on a circular dtd. 20/9/2012 [the 2012 Circular], de-recognizing the qualifications acquired from Bharatiya Vidya Bhavan, Rajendra Prasad Institute of Communication and Management, Mumbai, issued by the General Manager of HAL. The learned Single Judge found that the General Manager had no authority to de-recognize any qualification and the aforementioned Circular was without any statutory basis. Additionally, the Court held that institutions such as Rajendra Prasad Institute of Communication Studies operated under the ambit of Indian law and the diplomas conferred by such institutions affiliated to recognized entities, such as Bharatiya Vidya Bhavan, are presumed to adhere to the prevailing standards of educational quality and integrity, absent any evidence to the contrary. Aggrieved by the said decision, HAL has preferred the present appeal.

(3.) HAL is a public sector undertaking, inter alia, engaged in manufacturing, supply and over-hauling of Fighter and Transport Aircrafts and Helicopters. It also provides a range of ancillary services. The respondent took up employment with HAL in the year 1984. During her employment with HAL, she acquired the qualification of the Bachelor of Arts from Mysore University in the year 1986.