AVTAR SINGH Vs. UOI

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner challenges order dated 12.10.2006, passed by the Principal Bench of the Central Administrative Tribunal (the Tribunal) in OA No. 2080/2006. By the said order, the Tribunal dismissed the Original Application preferred by the petitioner denying his claim for promotion to the post of Senior Flight Engineer (SFE) and also denying his claim for flying pay @ Rs. 7,000/- p.m.

(2.) The petitioner joined the Indian Air Force in 1967. He came to Aviation Research Centre (ARC) on deputation in 1989, while he was serving as Warrant Officer in the Indian Air Force. On 9.7.1991, he was absorbed as a Junior Flight Engineer (JFE) a class 'A' post in ARC and so he resigned from the Air Force. Petitioner states he served as a JFE with sincerity. In August, 1996 he represented to the respondents against his being given flying pay @ Rs. 900/- p.m. (pre-revised), which as revised to Rs. 5,500/- p.m. instead of Rs. 1,200 p.m. (pre-revised), which stands revised to Rs. 7,000/- p.m. in May, 2005. He further represented to the respondents that he be promoted to the post of SFE by claiming that he fulfilled the required eligibility criteria. The representations of the petitioner were rejected by the respondents in September, 2004 Petitioner sought review of the decision of the respondents in November, 2004, which was again rejected by the respondents in July, 2006. The respondents sent a further communication dated 22nd August, 2006 wherein, they stated:-

(3.) Thereafter, petitioner preferred Original Application No. 2080/2006 before the Tribunal which was dismissed by the order impugned before us. Before the Tribunal, the petitioner primarily sought the relief of quashing of the aforesaid communication dated 22nd August, 2006 of the respondents and a direction to the respondents to amend the existing Recruitment Rules for promotion of the petitioner to the post of SFE and also sought compensation from the respondents.