CAPT ANJIT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present writ petition Capt. Anjit Singh, Chief Flight Instructor of Civil Aviation Department of the Government of U. P. has claimed promotion to the post of Government Pilot (Fixed Wing) after ousting the opposite party No. 5 Sri Ali Amir. The petitioner has also prayed for a mandamus staying the deliberations of the Departmental Selection Committee for promotion to the post of Government Pilot (Helicopter Wing). The petitioner has also assailed the order of his transfer to Faizabad from Lucknow.

(2.) According to the petitioner, he started working as a Pilot in the year 1970 while the opposite party No. 6 Pragyesh Misra started working on the said post in the year 1987. He was appointed as a regular Pilot in the Civil Aviation Department of the State Government of U. P. in the year 1975. The opposite party No. 6 was promoted to the post of Senior Pilot (Helicopter Wing) in the year 1995 and is likely to be recommended by the Departmental Selection Committee for further promotion which was scheduled to meet on 8th February, 1999. According to the petitioner, there are two posts of the Government Pilots in Civil Aviation Department of the State of U. P. One post is of the Government Pilot (Fixed Wing) while the other post is of the Government Pilot (Helicopter Wing). The vacancies in these posts are to be filled in 50% by direct recruitment and 50% from substantively appointed Junior Pilots and Pilot Instructors Incharge who have completed 3 years' service on the post of Senior Pilot or Chief Pilot Instructors, and it is only in case suitable eligible persons are not available for promotion, the vacancies can be filled up by direct recruitment.

(3.) The petitioner claims that Sri Ali Amir, opposite party No. 5 was appointed as Government Pilot (Fixed Wing) on contract basis without any advertisement and without following the procedure provided in the Rules, even though he was unfit to hold the post. Ali Amir has been holding the post of Government Pilot (Fixed Wing) though the petitioner is eligible, fit and competent to be promoted on the said post from 15th April. 1998. According to the petitioner. Sri Ali Amir, the opposite party No. 5 was declared permanently unfit for all flying licences from 24th November, 1992 and he is being allowed unlawfully to continue as Government Pilot (Fixed Wing) in violation and disregard of Rules despite his incapacity and incompetence. Petitioner claims that he was also entrusted with the responsibility of Officer Incharge Simulator and Captain Pragyesh Misra, the opposite party No. 6 and Captain Shivaji Singh were placed to work under him by letter dated July 9, 1996, of Joint Director (Operations), Directorate of Civil Aviation, U. P. Petitioner made an application on 15th April. 1998 for promotion to the post of Government Pilot (Fixed Wing) but no orders were passed on the said application. The petitioner was selected and offered the post of Chief Pilot by the Government of Punjab in 1996 in the higher pay scale at a higher rank but he was not relieved by the State Government. The petitioner claims promotion to the post of Government Pilot prior to the promotion of the opposite party No. 6 Capt. Pragyesh Misra who worked as a trainee under the petitioner and was given promotions to the post of Senior Pilot and now was being considered for promotion to the post of Government Pilot earlier to the promotion of petitioner. The grievance of the petitioner is that when he prayed for his promotion, he was transferred to Faizabad by order dated 29th January, 1999, which tantamounts to his reversion, inasmuch as he will get lesser emoluments and will have to work on the post of Flight Instructor instead of Chief Flight Instructor.