ASHWANI KUMAR Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) PETITIONER wants quashing of the communication dated 7.12.2004 and 8.3.2005 issued by respondents by virtue of which even though he has been taken back in employment by the respondent -Airports Authority of India, he has been posted and ordered to rank juniormost amongst the Senior Superintendent Engineering (Civil). The order dated 7.12.2004 contained in Annexure -1 and 8.3.2005 of Annexure -2 are under challenge in the present writ application.

(2.) THE background of the present dispute is that petitioner initially, on the basis of a selection, was appointed in the engineering service of Airports Authority of India (hereinafter to be called, the Authority) in the year 2000. An appointment letter dated 19.12.2000 was issued in his favour based on which he joined on 10.1.2001 on the post of Senior Superintendent Engineering (Civil) and came to be posted at Patna Airport. Petitioner was given his seniority based on the merit list at the time of selection. Petitioner started working under the respondents but may be allured by better prospects sat in yet another examination conducted by the Union Public Service Commission in the year 2002. He succeeded in the said examination and was selected for appointment as Assistant Executive Engineer in Boarder Roads Organization. Petitioner thereafter made a conscious decision to join Boarder Roads Organization and he filed an application before the Executive Director (ER), Kolkata on 30.1.2004. This application is marked as Annexure -4 to this writ application. Petitioner requested for grant of lien as per the rules of the Authority to join the Boarder Roads Organization. It seems that the request of the petitioner was accepted and a communication was made to the local authority by the Executive Director that the petitioner could be granted lien as per rules to join the Boarder Roads Organization. Petitioner 'stechnical resignation was accepted with lien for two years with effect from 9.7.2004 as would be evident from letter dated 9.7.2004 contained in Annexure -7. Armed with this letter petitioner joined the Boarder Road Organization but it seems within a few months of his joining he had a change of mind and he decided to resign in terms of Rule 5(1) of CCS (Temporary Service) Rules, 1965 which was accepted on 9th December, 2004. Release order in favour of the petitioner came to be issued as would be evident from perusal of Annexure -8.

(3.) PETITIONER returned and decided to rejoin the Authority again. He made an application for joining his duties which has been accepted as would be evident from a letter dated 21.12.2004 contained in Annexure -9. But Annexure -9 stated that he would rank juniormost on re -joining as Senior Superintendent Engineering (Civil). Petitioner filed representation dated 26.5.2005 through proper channel and made a grievance. Respondents, it seems, were in no mood to oblige the petitioner and one order dated 7.12.2004 has come to be issued affirming earlier position that the petitioner would rank juniormost on rejoining as Senior Superintendent Engineering (Civil).