RAKESH RAI Vs. NATIONAL AVIATION COMPANY OF INDIA

JUDGEMENT

(1.) Petitioner, by this Petition, is invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking appropriate writ, order and direction for quashing and setting aside the order dated 17/06/2000 passed by the Respondents accepting the Petitioner's resignation with effect from 01/06/2000 and for further direction, directing that the Petitioner may be deemed to be in service during the aforesaid period and for all consequential benefits.

(2.) Brief facts which are necessary for the purpose of deciding this Petition are as under:-

(3.) Respondent No.1 is a Company fully owned by the Government of India and it is admittedly the "State" within the meaning of Article 12 of the Constitution of India. Petitioner, initially, was an Officer in the Indian Air Force which he joined in 1983 and after meritorious service in Indian Air Force, Petitioner took premature retirement and took training in commercial flying and, thereafter, he joined Respondent No.1 Company as a Co-pilot on and around 21/11/1994 as per the terms and conditions contained in letter of offer No.4-15/5368 dated 15/11/1994 and the Agreement dated 21/11/1994.