Dismissed

A G Jayasree, v. Airports Authority of India (Aai)

Kerala HC1 Dec 2020WA/1521/2020

Case brief

AI extract

What is this about?

This appeal challenged the High Court's decision dismissing a writ petition against a seniority list of the Airports Authority of India. The Court upheld the Single Judge's order, finding no error in dismissing the challenge to the 1:1:1 combined seniority ratio for promotions. The appeal was dismissed.

What did the court decide?

The writ petition could not be entertained due to the absence of interested parties; the appeal is dismissed with no interference.

A G Jayasree, Vs Airports Authority of India… — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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TUESDAY, THE 01ST DAY OF DECEMBER 2020/10TH AGRAHAYANA, 1942

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WA.No.1521 OF 2020

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AGAINST THE JUDGMENT IN WP(C) 7374/2019(V) OF HIGH COURT OF KERALA DATED 25/9/2020

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APPELLANTS/PETITIONERS:

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1 A G JAYASREE, AGED 53 YEARS ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT PERUMARATH HOUSE, NANDIKARA P O, THRISSUR-680301. ([email protected])

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2 R ANILKUMAR ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT GANGOTHRI, JANAPRIYA NAGAR, KUTTIMUCK, RAMAVARMA PURAM P O, THRISSUR68063. ([email protected])

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3 C S SUNILDUTT ASSISTANT MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT T C 7/15084(4), KATTACHAL ROAD, THIRUMALA P O, THIRUVANANTHAPURAM-695006.

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4 LATHA R GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT T C 42/392(3), THAVALODE LANE, SREEVARAHAM, THIRUVANANTHAPURAM-695008. ([email protected])

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WA No.1521/2020

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5 AMRITHA KUMARI S ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT TC 22/3165, FOHUM, SASTHAMANGALAM, THIRUVANANTHAPURAM695010. ([email protected]) 6 SANAL KUMAR ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT TRA 49, THAVALODE LANE,, SREEVARAHAM, THIRUVANANTHAPURAM. ([email protected]) BY ADV. SHRI.THOMAS ABRAHAM

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RESPONDENTS/RESPONDENTS & PETITIONERS 1, 2, 7, 10, 11:

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1 AIRPORTS AUTHORITY OF INDIA (AAI) RAJIV GANDHI BHAVAN, SAFDARJUNG, NEW DELHI-110003, REPRESENTED BY ITS CHAIRMAN.

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2 AIRPORT DIRECTOR AIRPORTS AUTHORITY OF INDIA, THIRUVANANTHAPURAM-695008.

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3 CO-ORDINATOR -IN -CHARGE(CIC) AIRPORTS AUTHORITY OF INDIA, COCHIN INTERNATIONAL AIRPORT KOCHI AIRPORT P O, PIN-683111.

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4 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI.

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5 JAYAPRAKASH T V A G M (ELEX), AIRPORTS AUTHORITY OF INDIA, KOZHIKODE-673501. ([email protected])

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6 SABU P NELAKANDAN AGM(ELEX) AAI, COCHIN INTERNATIONAL AIRPORT P O, -683111, ([email protected])

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7 GEETHA K K AGM, (ELEX), TRIVANDRUM AIRPORT-695008 ([email protected])

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8 VENU T A G M, (ELEX( AAI, TRIVANDRUM AIRPORT-695008 ([email protected])

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9 NOUNDRU PURUSHATHAM DGM (CNS), AIRPORT AUTHORITY OF INDIA, VIZAKAPATTINAM AIRPORT, 5300009. ([email protected])

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10 KOLUTI SRINIVAS RAO DGM, (CNS), AIRPORT AUTHORITY OF INDIA, BANGALORE, INTOL. AIRPORT, KARNATAKA-560300 ([email protected])

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11 VIRENDRA K SOLANKI DGM (CNS), AIRPORT AUTHORITY OF INDIA, SVP INT. AIRPORT, AHEMADAD-3800003, GUJARAT.([email protected])

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12 SURESH BHALSE DGM (CNS), AIRPORT AUTHORITY OF INDIA, CIVIL AERODROME, SURAT-394550, MAHARSHTRA, ([email protected])

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13	KESHAB SARKAR
	DGM, (CNS), AIRPORT AUTHORITY OF INDIA, CIVIL AERODROME, RAJKOT-360006, GUJARAT. ([email protected])
14	SAKA GANESWARA RAO DGM, (CNS), AIRPORT AUTHORITY OF INDIA, VIZHAKAPATTANA, AIRPORT, 530009, ANDHRA ([email protected])
15	RAJ KUMAR DGM, (CNS), AIRPORT AUTHORITY OF INDIA, CHQ (ICNS-P)-1, RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT P O, NEW DELHI-110003. (RAKUMAR2@AAIAERO)
16	K B M LATHA DGM, (CNS),
	AIRPORT AUTHORITY OF INDIA, NAGPUR AIRPORT, NAGPUR, MAHARASHTRA, ([email protected])
17	NOELINE VIMALY DGM, (CNS), AIRPORT AUTHORITY OF INDIA, COIMBATORE AIR PORT-641014, TAMIL NADU, (VENEOLINE@AAI,AERO)
18	MURALEEDHARAN B DGM, (CNS),
	AIRPORT AUTHORITY OF INDIA, MANGALORE AIRPORT,KENJAR BAJPR, MANGALORE-574142, KARNATAKA, ([email protected])
19	DEBASHIS BISWAS DGM, (CNS),
	AIRPORT AUTHORITY OF INDIA, GOA INTERNATIONAL
	AIRPORT, DABOLIM,, GOA-403801.
	([email protected])

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20 PRASANTH KUMAR MAZUMDAR DGM, (CNS), AIRPORT AUTHORITY OF INDIA, GUWAHATI INTERNATIONAL AIRPORT, GUWAHATI. ([email protected]) 21 PURENDU KUMAR BISWAS DGM, (CNS), AIRPORT AUTHORITY OF INDIA, MUMBAI INTERNATIONAL AIRPORT, MUMBAI, MAHARASHTRA ([email protected]) 22 KISHORE KUMAR LAHRE DGM, (CNS), AIRPORT AUTHORITY OF INDIA, GUWAHATI INTERNATIONAL AIRPORT, GUWAHATI ([email protected]) 23 VIJAY BABURAO KORDE DGM(CNS), AIRPORT AUTHORITY OF INDIA, BHAVANAGAR AIRPORT, BHAVANAGAR-364001, GUJARAT. ([email protected]) 24 AHYLYA S K AIRPORT DIRECTOR, (DGM-CNS), AIRPORT AUTHORITY OF INDIA, CIVIL ENCLAVE, KESHOD AIRPORT, KESHOD, GUJARAT. ([email protected]) 25 SURENDRA KUMAR JIWATODE DGM(CNS), AIRPORT AUTHORITY OF INDIA, GUWAHATI INTERNATIONAL AIRPORT, GUWAHATI ([email protected]) 26 VAIBHAV S TANDEL DGM(CNS), AIRPORT AUTHORITY OF INDIA, MUMBAI INTERNATIONAL AIRPORT, MUMBAI-400099 ([email protected])

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27 IVY VARGHESE ASSISTANT GENERAL MANAGER, AIRPORT AUTHORITY OF INDIA, RESIDING AT ALINTEKIZHAKETHIL, IRUMBANAM P O, ERNAKULAM-682309 ([email protected])

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28 SASIDHARAN K ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT AHSA VIHAR, C MADHAVAN ROAD, PERUVARAM, NORTH PARAVUR, ERNAKULAM-683513. ([email protected])

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29 K SREEKUMAR ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT SREE SHYLAM, RAILWAY STATION ROAD, THIRUVALLA-689111. ([email protected])

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30 R SREEKUMAR

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ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT KALPAKAM, THEVALLY P O, KOLLAM-691009. ([email protected])

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31 JOSH THOMAS ASSISTANT GENERAL MANAGER, AIRPORT AUTHORITY OF INDIA, RESIDIGN AT KIZHAKKEKUTU, CHEERANCHIRA P O, CHANGANASSERY-686106. ([email protected])

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32 C J THOMAS ASSISTANT GENERAL MANAGER, AIRPORTS OF INDIA, RESIDING AT NAVANEETH, T C 31/242(3), CHAKAI, THIRUVANANTHAPURAM695011([email protected])

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33 V K PILLAI ASSISTANT GENERAL MANAGER, AIRPORT AUTHORITY OF INDIA, RESIDING AT NAVANEETH, TC 31/242(3), CHAKKAI, THIRUVANANTHAPURAM-695011 ([email protected])

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R4 BY ADV. SOWMIAVATHY T.C., CGC ADV.SRI.V.SANTHARAM, FOR AAI ADV.SRI.SUBHASH CHAND

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24-112020, THE COURT ON 01-12-2020 DELIVERED THE FOLLOWING:

WA No.1521/2020

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J U D G M E N T

Dated this the 1^st day of December, 2020

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Shaffique, J.

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This appeal has been filed by some of the petitioners in WP(C) No. 7374/2019 challenging judgment dated 25/9/2020. The petitioners were employed as Assistant General Managers under the Airports Authority of India. They entered service as Technical Assistants and Communication Assistants in the erstwhile Civil Aviation Department and National Airports Authority. As part of modernisation, a decision was taken by National Airports Authority to re-designate the posts in the Communication and Technical Assistants/Officers as Electronics Assistants/Officers respectively. Electronic Assistant was a feeder category for both the Communications and Technical Assistants, and vacancies were filled up by posting the newly recruited Electronic Assistants. It is pointed out that recruitment was being done at Electronic Officers cadre level with degree in Electronics Engineering as essential minimum qualification. They were

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WA No.1521/2020

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appointed against specific vacancies identified among Communication/Technical and Communication/Operation categories. It is further pointed out that as per the UPSC Policy, in Class I cadre 1:1 ratio promotions were implemented between directly recruited candidates and departmental promoted candidates. Petitioners pointed out that the management prepared a draft seniority list on 13/12/2011 in which Electronic Assistants were treated as a separate cadre and the seniority was fixed in the ratio 1:1:1 from the Communication/Technical cadre, Operations Cadre and Electronics cadre. When the aforesaid irregularity was brought to the notice of the authorities, the said draft seniority list was withdrawn. Another combined seniority list came to be prepared on 27/2/2015 treating the officials of the Electronics wing as a separate cadre. The matter came to be challenged before the Delhi High Court and direction was issued to finalise the draft seniority list after inviting objections. Final seniority list was published on 18/10/2018 which according to the petitioner is similar to the one which was published on 27/2/2015. Yet another provisional seniority list of Assistant General

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Manager/Senior Manager was prepared in the same lines as Ext.P6 on 20/11/2018, which is filed as Ext.P7. It is further pointed out that, on 11/2/2019, a new combined seniority list has been published following the ratio of 1:1:1, which according to the petitioner has no legal or factual basis. Accordingly, this writ petition was filed challenging Exts.P4, P6, P7, P9 and seeking other consequential orders.

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The respondents in their counter affidavit stated that in the year 1989-90, in order to weed out, the cadres of Commercial Operation (Com-Ops) and Commercial Technical (Com-Tech) and also to bring in a single cadre, it was decided to induct personnel in Communication Discipline as Electronics Asstt.(EA) instead of Technical Asstt./Communication Asstt. (TA/CA) and Electronics Officer (EO), instead of Technical Officer/Communication Officer (TO/CO) who could discharge the duties of operation as well as technical maintenance after common training at Civil Aviation, Training College (CATC). After the induction of Electronics Assistants (EAS) and Electronic Officers (Eos) their seniorities were being maintained separately

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and they were considered as feeder Asstt./Technical Officers/Communication Asstt./Communication Officers for vacancies arising in both Com-Ops and Com-cadre along with Technical Tech Discipline as feeder cadre. It is further contended that the appointment and selection of fresh candidates are made as per AAI, Recruitment and Promotion Regulation, 2005 and its amendments from time to time. The ratio of 3:1 (DPC & Direct Recruitment ie. 75:25) is being followed at Manager (Group A) level. The seniority of all the three cadres (Com-T/Com-Ops./Elex.) are maintained separately. However, the Combined seniority list is prepared at the level of AGM (Com-Tech/Ops/Elex) level in the ratio of 1:1:1 for promotion to DGM (CNS) level as per approval dated 26/10/2004, issued by CHQ of AAL, New Delhi [Ext-R2(a)]. The promotion is made on fulfilment of the R&P regulations and satisfying the eligibility criteria, such as seniority of the cadre, reservation (as applicable), number of vacancies, number of years of service in the grade, satisfactory PAR grading and Vigilance/Disciplinary clearance. It is stated that the decision dated 26/10/2004 was found to be the most plausible way for

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fixing the seniority of Sr.Technical Officers, Sr.Communication Officers, Senior Electronics Officers in the ratio of 1:1:1 as per the Departmental Promotion Committee (DPC) year. It is further stated that, if in any year there remains excess STO/SCO/SEO, the same will be clubbed together. Draft seniority list of SM(ComTech/Com-Ops./Elex) for promotion as DGM was circulated based on the said decision. With reference to withdrawal of seniority of Com-T/Com Ops./Elex on 30/12/2011 [Ext.P2], according to the respondents, it was due to dissatisfaction expressed by individual officers of Officers' Association in merging the seniority list as they were not being benefitted at that time. Their seniority list had been maintained separately and promotions were also being given based on the separate seniority list up to the level of SM/AGM. For promotions from AGM (Com-Tech/Ops/Elex) to DGM(CNS) level, the seniority of AGM (Com-Tech, Ops. and Elex) are combined in the ratio of 1:1:1 as per the approval dated 26/10/2004. It is also stated that promotion of more than 400 AGMS to DGM (CNS) have already been made by AAI considering this ratio of 1:1:1 as per decision of the Competent Authority and

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many promotees, beneficiaries have since been superannuated.

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The learned Single Judge after considering the materials placed on record observed that, first of all, when seniority list is under challenge, all the persons who were in the seniority list were not made parties. Secondly, though some of them were impleaded, some were deleted from the party array. Further it was found that no objection is seen to have been raised by the petitioners to the ratio in the cadres up to the post of AGM and in the result, the writ petition cannot be entertained.

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Primarily, learned counsel for the appellants sought for the matter to be remitted back to enable the interested parties to be made parties to the case in order to successfully challenge the seniority list published by the 1^st respondent. We do not think that such a mode would render any assistance to the petitioners. As already mentioned by the respondents in their counter affidavit, the seniority of all three cadres i.e., Commercial Technical, Commercial Operation and Electronics are maintained separately. However, the combined seniority list is prepared at the level of AGM (COM-Tech/Ops/Elex) in the ratio 1:1:1 for promotion to

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DGM(CNS) level, which was approved as per Ext.R2(a) dated 26/10/2004. According to the respondent, it was the most plausible way for fixing the seniority of Senior Technical Officers, Senior Communication Officers and Senior Electronics Officers. Apparently, the decision to prepare a combined seniority list in the ratio 1:1:1 is not under challenge. Of course, the petitioners challenge Ext.P4, which is a communication issued by the respondents in answer to a representation considered by them pursuant to directions issued in the writ petitions filed before High Court of Delhi. After considering the representation, it was held at paragraph 3 as under:-

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“ In view of the above facts, it is apparent that no injustice has been done to the petitioners and their representation has no merit as the promotions to the level of Senior Manager were made uniformly in all the streams (ComTech/Ops/Elex) and as per AAIR 7 P Regulations against the available vacancies. Therefore, the combined seniority list as on 1^st Jan 2015 circulated vide letter dated 27.2.2015 which was prepared based on the principle of “rotation of regularly promoted SMs of each year in the ratio of 1:1:1 (Com-tech Ops Electronics) and the balance, if any bunched together” is in order. Accordingly, the representations of the petitioners stand disposed of.”

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In fact, by Ext.P4, the respondents were only

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confirming the decision to apply the ratio 1:1:1 among the three categories. Therefore, challenge of Ext.P4 by itself does not enable the appellants to justify their stand as urged in the appeal.

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Under such circumstances, we do not find any error being committed by the learned Single Judge in dismissing the writ petition. We see no grounds to interfere with the impugned judgment.

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Appeal is, therefore, dismissed.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

Rp True Copy

JUDGE

PS to Judge

A G Jayasree, v. Airports Authority of India (Aai)

Case brief

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A G Jayasree, v. Airports Authority of India (Aai)

Case brief

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