JAHAR LAL BASU AND ORS. Vs. AIR INDIA

JUDGEMENT

(1.) APPELLANTS , 5 in number, along with 2 of their colleagues; total number being 7 had filed a writ petition which has been dismissed by a learned Single Judge of this Court vide impugned judgment and order dated 24.3.2003. The prayer made in the writ petition by the 7 writ petitioners was:

(2.) THE respondent in the writ petition was Air India.

(3.) OPPOSING the writ petition Air India pleaded that as admitted by the writ petitioners, on 1.1.1993 all of them were promoted on regular basis as Security Assistants and worked as Security Assistants till, on 1.7.1996 they were promoted to the next higher post of Senior Security Assistant. It was pleaded that it was obviously incorrect to state as a matter of fact that w.e.f. 1.7.1990 till 1.7.1996, the petitioners had continued to work as Senior Security Assistants on Officiating basis. It was pleaded that in the year 1990 the cadre did not have a post of Security Assistant and there being vacancies in the post of Senior Security Assistants, the petitioners were given Officiating charge to the post of Senior Security Assistant, to which post they could not be promoted for the reason the service rule applicable mandated that to be eligible for promotion to the post of Senior Security Assistant minimum 6 years' service on regular basis in the post of Junior Security Assistant was mandatory. Air India further pleaded that the letters confirming petitioner No. 3, 6 and 7 as Senior Security Assistant w.e.f. 1.1.1991 was inadvertently issued and vide letter dated 11.6.1991, petitioner No. 3 and 7 were informed that they were wrongly informed of being confirmed as Senior Security Assistant. Vide letter dated 7.12.1993, petitioner No. 4 was likewise so informed. Air India further stated that an exercise of cadre review was taken and an understanding was reached with the Union that a post of Security Assistant be created in between the post of Junior Security Assistant and Senior Security Assistant with eligibility condition of promotion to the post of Security Assistant being 6 years' regular service as Junior Security Assistant. Explaining the grant of promotion on Officiating basis as Senior Security Assistant given to the petitioners it was stated that pending administrative approval and formal sanction of posts of Security Assistant, the petitioners were promoted to the post of Senior Security Assistant on Officiating basis; it being clearly indicated that the promotion as on Officiating basis would not confer any right in favour of the petitioners. It was averred that on the pleadings in the writ petition, it was apparent that the writ petition was highly belated; the claim filed in the year 2000 related to an action of Air India withdrawing the Officiating promotions of the petitioners on 1.1.1993 on which date they were promoted as Security Assistants. It has been further pleaded by Air India that as per the notified rules, prescribed eligibility condition for being promoted as a Security Assistant is 6 years' regular service in the grade of Junior Security Assistant and for further promotion to the post of Senior Security Assistant, 4 years' regular service has to be rendered in the grade of Security Assistant. Thus, as per the respondents the writ petition was liable to be dismissed on account of delay and laches and even on merits.