CHAIRMAN NATIONAL AIRPORTS AUTHORITY Vs. K SUBHASH

JUDGEMENT

(1.) This Appeal has been preferred by the National Airports Authority and its officers against the Judgment rendered by the learned single Judge, who allowed the writ petition instituted by the 1st respondent herein.

(2.) The 1st respondent writ petitioner was appointed as a Sweeper / Safaiwala by the Director, Hyderabad Airport, with effect from 03-12-1971. He was confirmed as such during August 1976. Pursuant to the National Airports Authority Act, 1985 (Act No.64 of 1985), various civil aviation airports have been constituted to form the National Airports Authority of India (henceforth referred to as 'the Authority'). All the employees of the Civil Aviation Department working, other than in the wings of Airworthiness and Air safety, were permanently absorbed in the service of the Authority with effect from 08-10-1989. All such employees were also entitled to reckon the past service rendered in the Civil Aviation Department. The writ petitioner suffered a setback in his mental health and consequently, he was treated for Maniac Depressive Psychosis. After attaining necessary cure and fitness he submitted a certificate from a competent authority certifying about his fitness for joining duty and accordingly, reported to duty on 16-12-1988 before the Controller of Aerodrome, National Airports Authority, Hyderabad Airport. However, certain clarifications have been sought for as to whether the service of the writ petitioner can be continued with the Authority or not. On 01-09-1989, the writ petitioner was issued with a memo setting out that he has absconded from duty since 17-02-1983 without any permission and though several communications were sent to him he did not respond to any of those calls and hence, he is not entitled to be retained in service. On 11-09- 1989, he has been paid his Dearness Allowance arrears for the period prior to his remaining absent from service. An attempt was made in 1992 to pay him the Provident Fund arrears. In those set of circumstances, the writ petitioner has approached this Court seeking directions for his continuance in service. After an elaborate consideration of the entire matter, the learned single Judge has allowed the writ petition directing the respondents 2 to 4 in the writ petition to permit him to join duty forthwith as a Sweeper / Safaiwala and pay him all the amounts due to him as stated by him in his writ affidavit. It is this order of the learned single Judge that is now challenged in this Appeal.

(3.) Heard Sri E.Madan Mohan Rao, learned Standing Counsel for the National Airports Authority, at great length. The learned Standing Counsel would contend that the writ petitioner has made himself scarce and thus, stayed away from the service of the Civil Aviation Department. After a lapse of number of years, he reported to duty with a fit certificate. In the mean time, pursuant to the Provisions contained in the National Airports Authority Act, 1985 (for short 'the Act'), certain important changes have taken place. Pursuant to this enactment, the Central Government constituted an Authority called the National Airport Authority, as a body corporate and in terms of Section 12 of the said enactment, one of the important functions assigned to be performed by the Authority relates to management of Aerodromes, the Civil Enclaves and the Aeronautical Communication Stations, efficiently. Further, the Authority constituted by the aforementioned enactment was required to act on business principles. The learned Standing Counsel for the appellants has also drawn pointedly out attention to Section 13 of the Act, which dealt with the issue of transfer of assets and liabilities of the Central Government on to the Authority. By virtue of Sub Section (1) of Section 13, all properties and other assets including the equipment and navigational and ground aids, relating to Air Traffic Services, which were hitherto administered by the Director-General of Civil Aviation, shall vest in the Authority. Sub Section (3) of Section 13 rendered, initially every employee holding any office under the Director- General of Civil Aviation before the commencement of the said enactment, to be treated to be on deputation with the Authority and shall hold the office in the Authority by the same tenure and upon the same terms and conditions of service as respects, remuneration, leave, provident fund or other terminal benefits, as he would have held prior to constitution of the Authority. Sub Section (3) further stipulates that such an employee shall continue to be on deputation with the Authority till the Authority absorbs such an employee in its regular service. The Proviso thereunder reads thus: