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Delhi High Court - Orders

Ramesh Narayan Poojary & Ors vs Union Of India & Ors on 23 September, 2025

Author: Sachin Datta

Bench: Sachin Datta

                          $~131
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         W.P.(C) 14384/2025
                                    RAMESH NARAYAN POOJARY & ORS.             .....Petitioners
                                                Through: Mr. Sameer Kumar and Mr. Vaibhav
                                                         Pachauri, Advocates.
                                                versus

                                    UNION OF INDIA & ORS.                                                 .....Respondents
                                                  Through:                            Mr. Jivesh Kumar Tiwari, CGSC for
                                                                                      R1.
                                                                                      Mr. Sanjoy Ghosh, Sr. Adv.
                                                                                      alongwith Mr. Amit Mishra, Mr.
                                                                                      Azeem Samuel and Mr. Akhil and
                                                                                      Mr. Shivam Goel, Advocates for R3.
                                    CORAM:
                                    HON'BLE MR. JUSTICE SACHIN DATTA
                                                 ORDER

% 23.09.2025

1. The present petition has been filed by the petitioners, who are the retired employees of the respondent no. 4/ AI Airport Services Limited (AIASL), being aggrieved by the alleged withdrawal/alteration of medical and 'Employee Leisure Travel' (ELT) benefits (hereinafter referred to as 'the benefits') of the petitioners.

2. The petitioners were originally employed by the respondent no. 3/Air India. It is stated that as part of an internal restructuring of respondent no. 3/Air India, the petitioners were compulsorily transferred to the respondent no. 4/ AI Airport Services Limited w.e.f. 01.02.2013, which was a 100% subsidiary company of the respondent no.3/Air India.

3. It transpires that in an identical matter i.e. W.P.(C) 6956/2025, this Court, while dealing with similar reliefs qua the members of the Executive This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2025 at 21:43:53 Aircraft Maintenance Engineer Association of AI Engineering Services Limited, passed the following order:

" 4. The petitioner association is a registered society comprised of members who are either retired or serving executive cadre of Licensed/Approved Aircraft Maintenance Engineers employed by the respondent no. 1.

5. The members of the petitioner association were previously employed with the Engineering and Overhaul Department of the respondent no. 4 (Air India). It is stated that in 2013, the respondent no. 4 hived off the aforesaid department to respondent no.1, whereby the employees working in respondent no. 4 were transferred to respondent no. 1 with continuity of service.

6. Respondent no. 1 is stated to be the 100% subsidiary company of the respondent no. 4. Upon the disinvestment of respondent no.4 (Air India) on 15.02.2022, the entire shareholding of respondent no.1 (AIESL) has been transferred from respondent no.4 (Air India) to respondent no.2 (AI Asset Holding Ltd).

7. It is submitted that upon the disinvestment of respondent no.4, the same has become a private entity and the "passage benefits" earlier being availed by the employees have been discontinued.

8. According to the petitioner, the same violates the service conditions guaranteed during the process of formation of AI Engineering Services Limited (AIESL) [respondent no.1].

9. By way of the present petition, the petitioner seeks a direction against the respondent no.1 for restoration of the medical and ELT(Passage) benefits, enjoyed by the members of the petitioner association prior to its hiving off, and during the period when the respondent no.1 was part of respondent no.4 (prior to disinvestment).

10. Issue notice.

11. Learned counsel, as aforesaid, accepts notice on behalf of respondent nos.1 and 3.

12. Issue notice to the respondent 4 and 2, on necessary steps being taken by the petitioner, through all permissible modes, including electronically.

13. Learned senior counsel, appearing on behalf of the respondent no.4 submits that the present petition to the extent that it seeks relief against the respondent no.4 would not be maintainable in view of the judgment of the Supreme Court in R.S. Madireddy and Anr. vs. Union of India and Ors. 2024 SCC OnLine SC 965. The said position is not refuted by learned This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2025 at 21:43:53 counsel for the petitioner, however, he submits that the present petition essentially seeks relief against the respondent nos.1 and 3.

14. Let counter-affidavit be filed by the respondents within a period of four weeks.

15. Rejoinder thereto, if any, be filed within a period of two weeks thereafter."

4. Since this Court is seized of identical issue/s in the aforesaid conspectus, issue notice.

5. Learned counsel, as aforesaid, accepts notice on behalf of the respondents.

6. List before the concerned Joint Registrar (Judicial) for completion of pleadings on 10.10.2025.

7. List before the Court on 27.01.2026.

SACHIN DATTA, J SEPTEMBER 23, 2025/ys This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2025 at 21:43:53