Special appeal dismissed against a judgment dismissing a writ petition challenging a HAL Accessories Division advertisement as an undertaking at Supreme Court level (regarding HAL Transport Aircraft Division).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 39
Case :- SPECIAL APPEAL No. - 301 of 2018 Appellant :- Sugreev Gupta And 12 Others Respondent :- Union Of India And 4 Others Counsel for Appellant :- Sunil Kumar Singh,Krishna Mohan Rai Counsel for Respondent :- A.S.G.I.,Diptiman Singh
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal is directed against the judgment and order dated 12 March 2018 passed by a learned Judge of this Court by which the writ petition filed by the appellants for quashing the advertisement dated 25 January 2018 published by Hindustan Aeronautics Ltd. Accessories Division, Lucknow for filling up 131 posts in different cadres, has been dismissed.
The writ petitioners had sought the quashing of the advertisement for the reason that earlier an advertisement was issued by Hindustan Aeronautics Ltd, Transport Aircraft Division, Kanpur in 2011 for appointment of Technician Trainees and Diploma Trainees. The selection was later on cancelled for the reason that the project against which the posts had been advertised had yet to materialize. A writ petition was filed to challenge the said advertisement. The said writ petition was dismissed by order dated 7 February 2017 against which Special Appeal No. 134 of 2017 was filed. This was also dismissed by order dated 24 March 2017. When the matter was taken up by the Supreme Court in Civil Appeal No. 10576 of 2017 an order was passed by the Supreme Court on 31 July 2017. The same is reproduced below:-
"Learned senior counsel appearing for the Hindustan Aeronautics Limited (HAL) submits that there is neither any requirement nor any recruitment for the post which the petitioners had been selected.
Learned senior counsel is directed to get instruction, within two weeks, as to whether, in such a case, in the event of any future recruitment to those posts without accommodating the petitioners why there shall be any further recruitment."
A communication dated 14 August 2017 was sent by the Managing Director of Hindustan Aeronautics Ltd. which is reproduced below:-
"The Hindustan Aeronautics Limited-Transport Aircraft Division, Kanpur is not going for recruitment in near future against the Post(s) of Diploma Trainees and Technician Trainees as projects like IJT/MTA are yet to be materialized."
In terms of the aforesaid undertaking, the Civil Appeal was
disposed of on 17 August 2017 and the order is reproduced below:-
"In the above circumstances, these appeals are disposed of making the proposal in the second paragraph of the order dated 31.07.2017, as extracted above, absolute."
An advertisement has now been issued by Hindustan Aeronautics Ltd. Accessories Division, Lucknow for engagement of operators on tenure basis.
The writ petitioners had contended that instead of issuing an advertisement, the writ petitioners and other similarly situated persons should have been appointed in terms of the undertaking given before the Supreme Court by the Managing Director. The writ petition was dismissed by the learned Judge holding that the two advertisements were entirely different. The first advertisement had been issued by the Hindustan Aeronautics Ltd, Transport Aircraft Division, Kanpur while the second advertisement was issued by the Hindustan Aeronautics Ltd. Accessories Division, Lucknow for entirely different purpose and for different cadre.
Learned counsel for the appellants has raised the same submissions as were advanced before the learned Judge.
We find it difficult to accept the submission. As noted above, the two advertisements were issued by two different units. The first advertisement were issued by the Hindustan Aeronautics Ltd, Transport Aircraft Division, Kanpur while the second advertisement was issued by the Hindustan Aeronautics Ltd. Accessories Division, Lucknow. The undertaking given by the Managing Director before the Supreme Court which has been reproduced above was in connection with the post advertised by Hindustan Aeronautics Ltd., Transport Aircraft Division while the second advertisement that was assailed in the writ petition was issued by the Lucknow Division for different posts. The undertaking would not extend to the appointments to be made under the advertisement dated 25 January 2018 for engaging operators on tenure basis.
The Special Appeal is, accordingly, dismissed.
Order Date :- 5.4.2018 sartaj
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
Sugreev Gupta And 12 Others
Union Of India And 4 Others
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
