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Sanjay Singh Yadav vs Airport Authority Of India & Anr on 11 August, 2021

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P.(C) 8199/2021, CM Nos. 25453/2021 & 25454/2021
     SANJAY SINGH YADAV
                                                       ..... Petitioner
                      Through: Ms. Pooja Dhar, Adv. with
                                 Mr. Rohan Thawani, Mr. Iqram Singh
                                 & Ms. Gunjan Ahuja, Advs.

                         versus

      AIRPORT AUTHORITY OF INDIA & ANR.
                                                           ..... Respondent
                         Through:     Mr. Digvijay Rai, Adv. with
                                      Mr. Aman Yadav, Adv. for R-1/AAI
                                      Mr. R.D.S. Bhardwaj, CGSC with
                                      Mr. Jitendra Kumar Tripathi, GP

      CORAM:
      HON'BLE MR. JUSTICE V. KAMESWAR RAO
              ORDER

% 11.08.2021 This matter is being heard through Video-Conferencing. CM No. 25454/2021 Exemption allowed subject to all just exceptions. Application is disposed of.

W.P.(C) 8199/2021

1. This petition has been filed by the petitioner with the following prayers:-

"It is, therefore, prayed that in view of the submissions made above, this Hon'ble Court may kindly be pleased to:

(A) Issuance of a writ of mandamus or any other appropriate writ, order, or direction commanding the Respondents to allow the Petitioner to appear for departmental competitive examination for promotion to the grade of Assistant Manager under 25% departmental quota, being held on 13.08.2021 and 14.08.2021, pursuant to Advertisement F.No.A. 32012/MISC./DE/2018-DPC issued by the Respondent no.1 Airports Authority of India;

(B) Pass such other or further orders as this Hon'ble Court may deem fit."

2. The facts, as noted from the writ petition are, that the petitioner had joined the Airports Authority of India at NE-5 level in the year 2002. He got successive promotions. On December 12, 2012, he was promoted to the grade of NE-8. Two years thereafter, he was promoted to the grade of NE-9, which is the post of Sr. Superintendent. While working as Sr. Superintendent, the petitioner has applied for a job in Qatar. On being found successful for the appointment in Qatar, the petitioner had tendered his resignation and was relieved from his duties in the Airports Authority of India on November 02, 2017. The relieving letter issued to the petitioner on November 18, 2017 clearly stated that the lien shall be maintained for a period of three years with effect from November 02, 2017. It is also stated that the period of lien shall not be considered for seniority in his upcoming promotions / placements.

3. On May 21, 2018, when the petitioner was working in Qatar, the respondent Airports Authority of India had issued a circular whereby they have called for applications for appearing in departmental examination for promotion to the post of Assistant Manager under 25% quota. It is the conceded case of the petitioner that though the petitioner had applied against the circular but that was, while he was working in Qatar. It is also noted from the record that in October, 2020, during the lien period, the petitioner has joined back the Airports Authority of India.

4. It is the submission of Mr. Rohan Thawani, learned counsel for the petitioner that the respondents have now circulated a list whereby they are holding a departmental examination pursuant to the aforesaid circular dated May 21, 2018 on August 13, 2021 and August 14, 2021. The said list does not feature the name of the petitioner. According to him, the petitioner now being eligible for being considered for promotion to the post of Assistant Manager, should be allowed to participate in the departmental examination.

5. I am not in agreement with the submission made by Mr. Thawani, for the simple reason that the petitioner having been promoted to the grade of NE-9 on December 12, 2014 (as stated by Mr. Digvijay Rai appearing for Airports Authority of India) and the fact that the petitioner had been relieved of his duties in Airports Authority of India on November 02, 2017 on resignation, he did not complete the mandatory period of regular service of three years in the grade of NE-9 for being considered for promotion to the post of Assistant Manager. Further the circular was issued on May 21, 2018 when the petitioner was admittedly working in Qatar on resignation from Airports Authority of India. In fact, the petitioner could not have applied for the post as he was not on the rolls of the Authority. The list of names, which has been circulated by the respondents, as stated by Mr. Rai is pursuant to the circular dated May 21, 2018. If that be so, the petitioner, not meeting the eligibility as on November 01, 2017, one day before he was relieved of his duties from the Airports Authority of India to join his appointment at Qatar and also was not on the rolls of the Authority could not have applied, cannot be allowed to sit in the departmental examination for promotion under 25% quota to the post of Assistant Manager.

6. I do not see any merit in the petition. The same is dismissed.

In view of the order passed in the writ petition, the application is dismissed as infructuous.

V. KAMESWAR RAO, J AUGUST 11, 2021/ak