CAPT. SURESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, the petitioner, who was an Executive Pilot with the respondent No. 2/employer/Indian Airlines Ltd, seeks the relief of payment of flying allowances at the time of encashment of accumulated leave of the petitioner. Petitioner was declared Permanently Medically Unfit (PMU) and was grounded w.e.f 3.11.2000. The petitioner superannuated on 31.5.2003. Petitioner claims that when he superannuated and received his terminal benefits, he received leave encashment dues, but such leave encashment dues did not include flying allowances. I may note that petitioner has already expired and is now represented by his legal heirs but in this judgment reference will be to the petitioner as the original petitioner who had filed this writ petition.

(2.) Petitioner relies upon the circulars of the respondent No. 2/employer dated 8.9.1972 and 28.5.1974 for claiming his flying allowances and these two circulars of the respondent No. 2/employer read as under:-

(3.) The respondent No. 2's circular dated 8.9.1972 in Para 1 specifies that as regards a PMU Pilot such a person is entitled not only for his full pay but he is also entitled to allowances for the period of leave which he has earned during the period when his licence was current i.e for the leave period which accumulated to an Executive Pilot, when such leave has to be en-cashed such an Executive Pilot besides being granted full pay, the pilot will also be granted his allowances for the leave period.