AIR INDIA LTD Vs. RAKESH BEDI

JUDGEMENT

(1.) THESE cross appeals under Clause X of the Letters Patent Act are directed against judgment dated 18th August, 2004 passed by the learned single Judge in Writ Petition (Civil) No. 2217/1999 filed by Mr. Rakesh Bedi against Air India Limited. Mr. Rakesh Bedi was appointed on 19th November, 1976 and worked with Air India Limited till by order dated 12th May, 1998 he was dismissed from service with "Full Retirement Benefits". The dismissal order was passed after the Enquiry Committee had held that the charges against Mr. Rakesh Bedi that he was a habitual absentee and was guilty of willful insubordination stand proved. In the writ petition W.P.(C) No. 2217/1999 filed by Mr. Rakesh Bedi the following reliefs were prayed for:

(2.) IT is apparent that at the time of hearing of the writ petition before the single judge, Mr. Rakesh Bedi did not press for several reliefs and the claim/prayer made centered around the exact purport and meaning of the punishment of "dismissal with retirement benefits in full" and whether this would include medical benefits and free air passage facility. The learned single Judge in the impugned judgment has held that Mr. Rakesh Bedi is entitled to benefits under the medical scheme of Air India Limited, subject to payment of requisite contribution, inter alia, holding that the health care is an integral part of right to life. Learned single Judge has, however, held that Mr. Rakesh Bedi is not entitled to free air passage as the same cannot be claimed as a matter of right and is in nature of a perquisite.

(3.) AT the very outset, we may notice that Mr. Rakesh Bedi had an option to file an appeal against the Order dated 12th May, 1998 awarding him the aforesaid punishment but he did not avail of the said right. Order dated 12th May, 1998 also mentions that Mr. Rakesh Bedi did not submit any response to the letter dated 29th January, 1998 written to him, why in view of the report of the Enquiry Committee, punishment of dismissal with retirement benefits in full should not be awarded to him. Air India Limited by their earlier letter dated 31st March, 1998 had advised Mr. Rakesh Bedi that if punishment as aforesaid was awarded to him he would be eligible to payments which were due to him at the time of cessation of service but not benefits like air passage and medical facilities. Mr. Rakesh Bedi was, therefore, aware of stand of Air India Limited that he would not be entitled to benefit of free air passage and medical facilities on punishment of dismissal with full retirement benefits being awarded to him. The question, however, remains what is meant by the expression 'Full Retirement Benefits' and whether the Air India Limited is justified in their stand that Mr. Rakesh Bedi is not entitled to medical benefits and free air passages.