S V PURANIK Vs. INDIAN AIRLINES AND ORS

JUDGEMENT

(1.) The extraordinary jurisdiction of this Court is sought to be invoked for declaration that the rules/procedure of the Indian Airlines regulating appointments by selection, in particular to the post of Traffic Officer, are unconstitutional ultra vires and void and for a writ of certiorari or any such other writ quashing the promotions to the post of Traffic Officers made pursuant to the Staff Employment Notice No. 13 dated 19th July 1985. A further writ of mandamus is also claimed directing the respondent No. 1 Indian Airlines to make fresh appointments by selection to the post of Traffic Officers according to law.

(2.) The controversy arises out of the following facts: The petitioner joined the Airlines as a Junior Traffic Assistant at Nagpur on 12.12.1968. He was confirmed in that post on 27.1.1970. He was transferred to Dabolim Airport. Goa in 1978 and was then promoted as a Senior Traffic Assistant at the said Airport on 1.1.1979. He was confirmed in that post on 21.1.1981. He was then transferred to Jamnagar in 1981. He was promoted as Traffic Superintendent on 24.4.1982. He was confirmed in that post on 24.10.82. In December 1985 he was transferred to Goa and continues at Dabolim Airport as Traffic Superintendent since then.

(3.) On or about 19th July 1985, in pursuance of the Staff Employment Notice No. 13, applications were invited from the serving employees in the scale of Rs. 320-700 for the post of Traffic Officer. This post carried the pay scale of RS.910-1700. The petitioner was in the Commercial Department. Hence in response to the said Employment Notice, he applied for the post He appeared for the written examination. Thereafter he also appeared for group discussions some times in March 1986. After passing these two tests successfully, he was called for the interview in the office of the Commercial Manager, Bombay on or about 13th May 1986. Accordingly he appeared for the interview. However, the result was not published. In or about I July 1987 he learnt that some promotions were made. The petitioner, therefore, made representation to the Managing Director on 17th July 1987. It was turned down on the ground that it was not sent through proper channel. He made another representation through the Airport Manager, Dabolim sometimes in December 1987. There was no response to this representation also. He also sent another reminder, but with no response. Of late, sometimes on 9th January 1988, in reply to his queries in the representation, he came to know that the written test and the group discussions are only qualifying tests. It is only on passing these tests that the candidate is called for interview. The interview is of 100 marks, out of which 30 marks are allotted for the APS of the preceding two years and 70 marks are allotted for the viva voce interview.