S MANGALA Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) Rule. Rule returnable forthwith.

(2.) By the present petition, the petitioner seeks a writ of mandamus directing the respondents to implement forthwith the paragraphs (b) & (c) of the Office Memorandum dated 11th September, 2008 ("DoPT OM") issued by the Department of Personnel & Training of the Ministry of Personnel, Public Grievances & Pensions, Government of India (DoPT) with retrospective effect from 1st September, 2008 and also the subsequent DoPT OM's issued regarding clarifications / amendments and also for direction to quash and set aside the office memorandum dated 15th July, 2014 and the subsequent intra office memo dated 15th March, 2011 whereby the petitioner is directed to submit her reply / explanation as to why she proceeded on leave without prior sanction.

(3.) The facts leading to the present petition are as follows: The petitioner is employed as the Deputy General Manager (Aviation Safety), Western Region of respondent No.1, the Airports Authority of India. Respondent No.1 (AAI) is a public sector undertaking in the Ministry of Civil Aviation, Government of India, which is responsible for the administration and management of all the airports in the country. Respondent Nos.2 to 6 are the executives of respondent No.1. The Government of India issued a notification dated 23rd May, 2003 titled Airports Authority of India (General Conditions of Service and Remuneration of Employees) Regulations, 2003 (AAI Regulations). The AAI issued a notification dated 13th June, 2003 titled as AAI Leave Regulations, 2003 which laid down rules and procedures for applying for / granting of leave to various employees of AAI. These rules were framed in exercise of the powers under sub-section (1) read with clause (b) of sub-section (2) & (4) of section 42 of the Airports Authority of India Act, 1994.