ASHOK POPLI Vs. CHAIRMAN CUM M.D.

JUDGEMENT

(1.) PETITIONER by this writ petition seeks enforcement of the circular dated 25.9.2000 issued by the respondent no.1/Indian Airlines (Now Air India) for payment of "Cash Allowance in Foreign Countries". Petitioner is a Cabin Crew employee not falling in the category of pilots. The circular dated 25.9.2000 of which enforcement is sought reads as under:-

(2.) IT is trite that petitioner as Cabin Crew can get the benefit and payment of "Cash Allowance in Foreign Countries", only if cabin crew employees fall within the subject matter of the circular dated 25.9.2000. Respondent no.1 has filed its counter-affidavit and stated that ,,Cash

(3.) ON behalf of respondent no.1 it is also contended that foreign allowances are paid under three circumstances. First circumstance is when a person is posted abroad. The second circumstance is when a person is part of a cabin crew performing active duties as cabin crew to destinations abroad. The third is when such cabin crew is not the part of a cabin crew performing active duties on aircrafts flying to destinations abroad, but are being otherwise asked to go abroad for performing other non-active cabin crew duties, then, a certain allowance is granted. It is argued that petitioner falls in the second category and gets foreign allowances under the head of flying allowance, and since a consolidated flying allowance was granted pursuant to the settlement dated 7.10.1997, other allowances under different heads including Stay Over Allowance and Stay Over (International) Allowance stood withdrawn on implementation of the Settlement dated 7.10.1997. The consolidated amount of flying allowance was fixed to avoid claims under different heads of the active cabin crew who fly to foreign destinations. The petitioner cannot get, it is argued, simultaneous payment for second and third circumstances together.