RATHOD RATHAN SINGH Vs. AIR INDIA REPRESENTED

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus declaring the order issued by the 2nd respondent dated 07.11.2018 terminating the services of petitioner as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India apart from being violative of principles of natural justice and consequently declare that the petitioner is entitled to be continued in service.

(2.) Heard Sri Ravi Kondaveeti, counsel for petitioner and Smt.V.Uma Devi, Standing Counsel for respondents.

(3.) It has been contended by the petitioner that he was initially appointed as Security Guard in Indian Airlines during November 1990 and later on he was promoted as Security Assistant and further promoted as Assistant Security Officer. Since then, the petitioner has been discharging his duties to the best satisfaction of his superiors and everyone concerned. Petitioner further submits that Indian Airlines was merged into Air India during 2007 and the petitioner was also transferred along with the post to Air India. The petitioner submits that while he was discharging his duties, the respondents have terminated his services vide orders dated 07.11.2018, without assigning any reasons and without giving any opportunity. The petitioner further submits that his services were terminated under Regulation 13-A of Service Regulations, namely, Indian Airlines Employees (Other than the Flying Crew and those in the Aircraft Engineering Department) Service Regulations. The learned Counsel for petitioner submits that the said Regulation 13-A has been repealed on 24.11.2010, after merger of Indian Airlines with Air India and new Regulations, namely, Air India Employees' Service Regulations have come into effect from 1st of April, 2013. Petitioner further submits that the Air India Employees' Service Regulations have been framed consequent to the Board Resolution passed by Air India Ltd., in its 52nd meeting held on 7th of May, 2013, with retrospective effect from 1st of April, 2013. Regulation No.5 of these Air India Employees' Service Regulations deals with repeal and saving clause, which reads as follows :