K.G. ARUL PRAKASH Vs. THE CHAIRMAN AND MANAGING DIRECTOR, INDIAN AIRLINES, HEADQUARTERS, AIRLINES HOUSE, NEW DELHI,

JUDGEMENT

(1.) Aggrieved by the order of the third respondent dated 27.12.1989 appointing certain persons as Deputy Chief Flight Purser, the petitioner has filed this writ petition to quash the same and direct the management of Indian Airlines to consider his qualification and promote him as Deputy Chief Flight Purser.

(2.) The case of the petitioner is briefly stated hereunder: -

(3.) Pursuant to the notice issued, the Deputy Manager Personnel Services, Indian Airlines, Madras filed a counter affidavit on behalf of the respondents 1 to 3 disputing various averments made by the petitioner. He stated that promotion to the post of Deputy Chief Flight Purser in the pay scale of Rs.2005 -2965 is a selection post. This post was created for the first time in the year 1980. As per the Recruitment and Promotion Rules, no employee can claim promotion as a matter of right. The advancement of an employee will depend on his suitability and relative standing with the other eligible candidates for promotion. The suitability is assessed on the basis of A.P.A., professional knowledge and managerial ability. The A.P.A. of the candidates for the last three years prior to the date of interview has to be taken into account. The minimum qualifying mark for being selected for a general candidate is 60%, whereas it is 55% for a SC/ST candidate. The petitioner appeared for the interview and he secured only 52% marks. Since he failed to secure the minimum qualifying marks, he was not selected. The selection was conducted by a Selection Committee consisting of 3 senior Officers of the Indian Airlines Corporation. The petitioner was considered for promotion and as he did not secure the minimum qualifying marks, he was not selected for promotion. The promotion was not solely on the basis of seniority. Since he failed at the very threshold, his claim was rejected. None of the employees, who have been called for promotion to the post of Deputy Chief Flight Pursuer, had adverse entries which debar them from consideration for advancement at the time of selection. According to the All India seniority of Senior Flight Pursers, the petitioner's seniority is 32, whereas the seniority of the respondents 4, 5 and 6 is 35,39 and 40 respectively. With regard to the grievance petition submitted by the petitioner, a reply was sent to the petitioner on 29.12.1989 stating that the petitioner was not found suitable by the Selection Board.