P.C. SEN Vs. DEPARTMENT OF PERSONNEL

JUDGEMENT

(1.) IN these writ proceedings the claim is for a direction to the Respondents to provide "retirement air passage" to the Petitioner and his family. The petitioner had worked as Managing Director of the third respondent. The first Respondent in these proceedings is the Central Government, through the Department of Personnel and the third respondent the Indian Airlines Corporation (hereafter called as the "IA").

(2.) THE facts for the purposes of deciding this petition may be briefly set out as follows. The Petitioner was appointed in 1967 to the Indian Administrative Service (hereafter called as the "IAS"). During his tenure in the service, he was appointed as Managing Director of the is on 1.3.1994, for three years, on deputation basis. Before the deputation period ended, the Petitioner was also entrusted charge as Chairman of IA, and Air India on 27.2.1997. He relinquished charge on 12.12.1998. After serving with the Central Government, he retired from the service w.e.f. 1.5.2003.

(3.) APPARENTLY , the is evolved a policy of extending free air facility to its personnel. This was by virtue of resolutions adopted by its Board of Directors and regulations/guidelines issued from time to time. The 4th Meeting of the Board held on 27.6.1994 apparently resolved that officers deputed, upon completion of their term should be extended benefits which retired officers of such status were granted. In its subsequent Meeting (i.e. 8th Meeting) the issue of free air passage facility to members of the Board was to be considered. The Board of is also took note of the Minutes of the Meeting recorded by the Air India and eventually resolved as follows: