ALOK KUMAR RAWAT Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court, who is an employee of Airport Authority of India, has filed this present writ petition for issuance of an appropriate writ, order or direction directing the respondents to promote the petitioner to the post of Asstt. Manager Electronics under the Career Promotion Scheme.

(2.) THE contention of the petitioner is that he was initially appointed on the post of Electronic Assistant on 26/11/1990, Civil Aviation Training College, Allahabad and the post of Electronic Assistant is equivalent to that of Sr. Superintendent Electronics. Petitioner has further stated that he was promoted to the post under the Flexible Complimentary Scheme by order dt. 11/12/98. Petitioner has further stated that he was entitled for promotion to the next higher post under the FSC / CP Scheme to the next higher grade and by an order dt. 4/7/02 large number of employees were promoted under the Career Progression Scheme w.e.f. 1/1/02. It has been stated that promotions were granted to the post of Sr. Superintendent Electronics as well as to the post of Asstt. Manager Electronics. However, the petitioner was not promoted by the respondents. Petitioner has further stated that he was later on promoted after filing of the present writ petition to the post of Asstt. Manager Electronics on 8th November 2007. Petitioner has further stated that large number of representations were submitted by him, however, his case has not been considered by the respondents. Petitioner has further stated that a charge sheet was issued on 21/6/04 and minor punishment of stoppage of one increment was also inflicted upon him in October 2004 and the penalty was over on 31/12/2005. The contention of the petitioner is that at the relevant point of time the Depzmental Promotion Committee took place, there was no charge sheet pending against the petitioner nor any disciplinary proceedings were pending against the petitioner and, therefore, the respondents have erroneously ignored his claim for promotion under the two Schemes.

(3.) IN the present case, the petitioner is an employee serving under the Airport Authority of India and at present he is holding the post of Asstt. Manager Electronics. The petitioner has claimed retrospective promotion to the post of Asstt. Manager Electronics as his case was not considered in 2002 under the Career Progression Scheme. The only reason assigned in the return is that Vigilance clearance was not received in respect of the petitioner at the time the Departmental Promotion Committee met. The Government of India in exercise of powers conferred under sub -Section (1) r/w. clause (b) of sub -clause (ii) of Sec. 42 of the Airports Authority of India Act, 1954 has made Regulations known as Airports Authority of India Employees (Conduct & Discipline of Appeal) Regulations 2003 and the Regulations of 2003 governs with the service conditions of the petitioner.