Karnataka High Court
Ms Padmavathi Subramaniyan vs The Ministry Of Civil Aviation on 6 April, 2022
Author: R Devdas
Bench: R Devdas
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.21448 OF 2021 (S-RES)
BETWEEN
1. MS PADMAVATHI SUBRAMANIYAN
AGED 57 YEARS
W/O R SUBRMANIYAN
AIR INDIA LTD
IFS DEPARTMENT
ALPHA 3 BUILDING
2ND FLOOR KIAL, DEVANAHALLI
BENGALURU-560300
2. MS SANCHITHA NAGARAJ
AGED 55 YEARS
W/O NAGARAJ S
AIR INDIA LTD
IFS DEPARTMENT
ALPHA 3 BUILDING
2ND FLOOR KIAL, DEVANAHALLI
BENGALURU 560300
3. MS MEENY MANCHA
AGED 55 YEARS
W/O JOHN MANCHA
AIR INDIA LTD
IFS DEPARTMENT
ALPHA 3 BUILDING
2ND FLOOR KIAL, DEVANAHALLI
BENGALURU 560300 ... PETITIONERS
(BY SRI. M.T.NANIAH, SR. COUNSEL, FOR
SRI. VISHNU HEGDE, ADVOCATE)
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AND
1. THE MINISTRY OF CIVIL AVIATION
GOVERNMENT OF INDIA
REP BY ITS SECRETARY
NEW DELHI-110001
2. AIR INDIA LTD
THE CHAIRMAN AND
MANAGING DIRECTOR
AIR LINE HOUSE, GURUDWARA
RAKABGANJ ROAD
NEW DELHI -110001
3. THE EXECUTIVE DIRECTOR-IFS (O)
AIR INDIA LTD
INFLIGHT SERVICE DEPARTMENT
SAFDARJUNG AIRPORT
NEW DELHI-110003
4. MS. KANIKA CHAKRABORTI
AGED ABOUT 55 YEARS
W/O SANJAY CHAKRABORTI
AIR INDIA LTD
IFS DEPARTMENT
ALPHA 3 BUILDING 2ND FLOOR,
KIAL, DEVANAHALLI
BENGALURU-560300 ...RESPONDENTS
(BY SRI.SHANTHI BHUSHAN H, ASG FOR R1
SRI. SREENATH V.K, ADVOCATE FOR R2 & R3
MRS. KANIKA CHAKRABARTI, PARTY-IN-PERSON)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE IMPUGNED ORDER DATED 06.10.2021
VIDE ANENXURE-B PASSED BY THE R3 AND THE
IMPUGNED ORDER DATED 29.09.2021 PASSED BY THE R3
I.E ANNEXURE-A AND ETC.
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THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Since a preliminary objection was raised at the hands of the respondents, including Union of India that when once the Air India Limited is privatized and the entire share holdings are disinvested from the hands of the Government of India and a Private Company has taken over, the grievance of the employees of the Air India Limited cannot be redressed directly under a writ jurisdiction of this Court, the learned Senior Counsel for the petitioners was required to answer this question.
2. It was pointed out that the High Court of Delhi, in the case of Dr.Subramanian Swamy Vs. Union of India & Others reported in (2022) SCC OnLine Del 34, had an occasion to consider the issue regarding disinvestment process, the Union of India 4 had placed factual information before the Delhi High Court in the matter of disinvestment of Air India Limited.
3. The learned Assistant Solicitor General of India, appearing for the Union of India has pointed out from the said decision that the disinvestment of the shares of the Government of India has been 100% in favour of M/s.Talace Private Limited.
4. From the above, it is clear that the Air India Limited is now a private Company owned by M/s.Talace Pvt. Ltd. The earlier position of Air India Limited which was a fully owned Government of India Company, has changed and it is now a Private Limited Company. Therefore, the grievance of the petitioner in the matter of seniority can be redressed only before the competent authority which can deal with the question and not under Article 226 of the Constitution of India.
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5. With these observations, the writ petition stands dismissed, granting liberty to the petitioners to approach the competent authority to redress their grievance in the matter of seniority.
In view of the above, I.A.No.2/2022 for impleading does not survive for consideration and accordingly the same stands disposed of.
Ordered accordingly.
[ Sd/-
JUDGE JT/-