CAPTAIN NANIK KARAMCHANDANI Vs. INDIAN AIRLINES

JUDGEMENT

(1.) ARTICLE 226 is invoked to challenge the petitioners supersession and the entire process leading to the selection of respondents 2 to 18 to the post of Deputy Operations Managers (DOMs).

(2.) RESPONDENT No. 1 - hereinafter referred to as the 'Airlines' or the 'Corporation' - is a Corporation established under Section 3 of the Air Corporations Act, 1953 (Act). Section 45 of the Act permits the Airlines to frame regulations not inconsistent with the Act or the Rules framed thereunder vide Section 44, on The terms and conditions of service of officers and other employees of the Corporation etc. etc,'.

(3.) ACTING under the regulations, the Airlines have framed Recruitment and Promotion Rules in 1964 which for the sake of brevity will hereinafter be referred to as the '1964 Rules'. The combined effect of rule Nos. 20 to 22 of these rules is that: Promotion is based on the criteria of seniority -cum -suit -ability, except in Selection Grade posts, where the basis is, 'rigorous selection on merit'. The heirarchy in the flying crew once had a post designated as 'Chief Pilot'. Appointment to this post was by way of promotion. Later on this post was abolished and instead came that of DOMs, In a meeting of the Corporation's Board held on July 30, 1970, it was resolved that the DOM being in the upper managerial cadre, appointment thereto be by 'promotion or direct recruitment at the discretion of the management'. 'Direct recruitment' was explained as a process of selection on merits from within and 'promotion' as appointment to the next higher grade by seniority, subject to there being no adverse remarks in the annual confidential reports of the incumbent. The Corporation is divided into five regions with bases at Delhi, Bombay, Calcutta, Madras and Hyderabad. DOMs are under the Operations Manager of the region and act as his deputy when required. Their duties and responsibilities may be generalised, as seeing to it that the pilots under them are in tip -top shape, that they are properly and frequently checked and that their direct superiors are regularly and fully briefed about the personnel and flight problems of the region.