UOI Vs. A K CHOPRA

JUDGEMENT

(1.) The Directorate General of Civil Aviation is an attached office of Ministry of Civil Aviation. The Directorate of Civil Aviation coordinates all regulatory functions with International Civil Aviation Organization and is the main regulatory organization in the country responsible for regulation of air transport services to/from/within India and for enforcement of civil air regulations, air safety and airworthiness.

(2.) The directorate is headed by a Director General who is assisted by Joint Directors General, Deputy Directors General, Directors and other officials. There is one post of Director General of Civil Aviation (hereinafter referred to as DGCA) in the pay scale of `22400-525-24500/- and three posts of Joint Director General of Civil Aviation (hereinafter referred to as Joint DGCA) in the pay scale of `18400-22400/-. The job of DGCA involves looking after the entire work of Directorate General of Civil Aviation, supervising functions relating to the safety of air travel as well as for the responsible functioning of the aviation industry, airworthiness control, licensing of pilots, safety of civil air operations, bilateral air services agreements and research and development.

(3.) In exercise of the power conferred by Article 309 of Constitution of India, the President promulgated Civil Aviation Department (Director General of Civil Aviation) Recruitment Rules, 2005 (hereinafter referred to as Recruitment Rules) regarding the recruitment of DGCA, the relevant portion whereof reads as under:- 2. Number of posts, classification and scale of pay The number of the said post, its classification and the scale of pay attached thereto shall be specified in Columns (2) to (4) of the Schedule annexed to these rules. . 5. Power to relax Where the Central Government is of the opinion that it is necessary or expedient to do so, it may, by order and for reasons to be recorded in writing, and in consultation with Union Public Service Commission relax any of the provisions of these rules with respect to any class or category of persons. . SCHEDULE . Method of recruitment: Whether by direct recruitment or by promotion or by deputation/absorption and percentage of the posts to be filled by various methods In case of recruitment by promotion/deputation/absorption from which promotion/deputation/absorption to be made II 12 Promotion, failing which by deputation. Promotion: From amongst Joint Director Generals with three years regular service in the grade, failing which Joint Director Generals with five years combined regular service in the grade of Joint Director General and Deputy Director General/Deputy Director General (Research and Development) of which two years shall be in the grade of Joint Director General. . Deputation: 1. From amongst officers under Central Government including All India Services:- (a)(i) holding analogous posts on regular basis in the parent cadre/department; or (ii) with three years? service in the grade rendered after the appointment thereto on regular basis in the scale of pay of `18,400-22,400 or equivalent in the parent cadre/department (b) having experience as under: Twelve years? of experience in the Aviation/Flying/Aircraft Engineering/Airworthiness, out of which, a minimum of five years? experience should be in administration and Finance Disciplines at the Senior Management Level.