UMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate, appearing on behalf of the petitioner and Sri V.K. Singh, learned Senior Advocate, along with Sri Sachin Kumar, Advocate, appearing on behalf of respondent nos. 2 to 6.

(2.) The brief facts of the case are that the petitioner was initially appointed as a Communication Officer in the Civil Aviation Department on 20.8.1975. He was promoted as a Senior Communication Officer on ad hoc basis in September, 1982.In the year 1986, the National Airports Authority was constituted and with effect from 1.6.1996, all the employees working in the Civil Aviation Department were treated and deemed to be on deputation with the National Airport Authority. However, with effect from 2.10.1989, all the employees, who were of Civil Aviation Department and were nowhere treated on deputation, were absorbed in the National Airport Authority based on their option of absorption. The petitioner has given his option of absorption and accordingly absorbed with National Airports Authority vide order dated 3.5.1990. On 9.6.1992, the petitioner was granted promotion on the post of Deputy Director (Communication). With effect from 1.4.1992, the National Airports Authority stood merged with International Airports Authority, which was subsequently by way of statutory corporation given the name of Airports Authority of India by virtue of provisions of Airports Authority of India Act, 1994 (Parliament Act No. 55 of 1994) and with effect from the same date, the petitioner became employee of Airports Authority of India. It appears that in the year 1996, the post of Deputy Director (Communication) stood re designated by the respondent authority as the post of Deputy General Manager carrying E-6 pay scale i.e. the pay scale of Rs.7500-9900, which has been subsequently revised to the pay scale of Rs.17500-23200 with effect from 1.1.1996. While the petitioner was working as Deputy Director (Communication)/Dy. General Manager, departmental proceedings were initiated against the petitioner by issuing a chargesheet dated 13.2.1996. On 19.2.1998, an order was passed by the respondent authorities placing the petitioner in the selection pay scale of Rs. 8250-10050 with effect from 22.6.1997 and given designation of Additional General Manager to the petitioner. The pay scale of E-7 scale, at the said point of time, was the pay scale of Rs.8250-10050 which stood revised to the pay scale of Rs.18500-23900 with effect from 1.1.1997. In this way the petitioner was given selection pay scale of Rs.18500-23900 with effect from 1.1.1997.

(3.) On 31.1.2005, Board of Directors of Airports Authority of India approved a set of regulations known as Airports Authority of India (Recruitment & Promotion) Regulations, 2005, which has been approved with effect from 1.2.2005 by the Airports Authority of India Board. Regulations 2005 effects a re categorization of cadres/grades. Under such re categorization, officers in the pay scale of Rs.18500-23900, i.e., in E-7 scale, stood re categorized as Joint General Manager. In para-12 of the supplementary counter affidavit, it is stated that from perusal of the DPC minutes dated 12.3.2005 and 5.4.2005, no post of Joint General Manager in Airports Authority of India was available prior to 2005 and as such Additional General Managers equivalent to (E-7), non-functional post with combined service of five years as Additional General Manager/Deputy General Manager, were called for interview for promotion to the post of General Manager, including the petitioner, who was put at serial no. 5.