Madras High Court
Capt. M.S.Krishna Kumar vs Union Of India on 19 February, 2015
Author: K.K.Sasidharan
Bench: K.K.Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.02.2015
CORAM:
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN
Writ Petition No.32885 of 2014
Capt. M.S.Krishna Kumar .. Petitioner
Vs.
1 Union of India
Rep. by its Secretary,
Ministry of Civil Aviation,
Rajiv Gandhi Bhavan,
Safdarjung Airport
New Delhi-110003.
2 Air India Limited,
Rep. by Chairman and Managing Director,
Airlines House,
Gurudwara Rakabganj Road,
New Delhi-110001.
3 Air India Limited
Executive Director of Operations,
New Delhi-110 003.
4 Air India Limited,
General Manager,
Operations Department,
Meenambakkam,
Chennai- 600 027. ...Respondents
Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus directing the respondents 1-4 to implement the recommendations of the grievance committee dated 14.03.2014, in letter and spirit and thereby restore the petitioner check pilot license including other monetary benefits and promote him to the post of Instructor.
For Petitioner : Mr. M.S.Krishnakumar- P.IN.P
For R1 : Mr.C.Kanagaraj
SCGSC
For R2 to R4 : Mr.N.G.R.Prasad
O R D E R
Heard the petitioner, who appeared in person.
2. The petitioner joined the service of Air India Limited as a Trainee Pilot on 07.8.1989. He was upgraded to First Officer, Captain and Check-Pilot as per the procedure of seniority followed by Air India Limited. While so, without assigning any reasons, his Check-Pilot was removed by order dated 20.10.2011 by the fourth respondent. The petitioner challenged the said action before the fourth respondent, who in turn, forwarded it to the Grievance Committee. The Grievance Committee on deliberation, passed an order dated 14.3.2014 recommending to restore the status of Check-Pilot and proper payment and allowances from the date on which the order was passed by the fourth respondent .
3. It is the grievance of the petitioner that notwithstanding the recommendation made by the Grievance Committee on 14.3.2014, follow up action was not taken by the fourth respondent. The petitioner is therefore before this Court for issuing appropriate direction to the fourth respondent.
4. The fourth respondent is directed to implement the recommendation made by the Grievance Committee dated 14.3.2014, in its letter and spirit, in case, the said order has become final. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
5. The petitioner submitted that he is entitled to promotion to the post of Instructor on account of the order passed by the Grievance Committee dated 14.3.2014 restoring the Check-Pilot.
6. The fourth respondent is directed to consider the request made by the petitioner for promotion to the post of Instructor taking into account the decision taken by the Grievance Committee on 14.3.2014. Such exercise shall be completed immediately after the implementation of the recommendations made by the Grievance Committee. It is needless to point out that all monetary benefits should also be given to the petitioner, on account of the recommendation made by the Grievance Committee in its order dated 14.3.2014.
K.K.SASIDHARAN,J.
ga
7. The writ petition is disposed of with the above direction. No costs.
19.02.2015 ga To 1 Union of India Rep. by its Secretary, Ministry of Civil Aviation, Rajiv Gandhi Bhavan, Safdarjung Airport New Delhi-110003.
2 Air India Limited, Rep. by Chairman and Managing Director, Airlines House, Gurudwara Rakabganj Road, New Delhi-110001.
3 Air India Limited Executive Director of Operations, New Delhi-110 003.
4 Air India Limited, General Manager, Operations Department, Meenambakkam, Chennai- 600 027.
W.P.No.32885 of 2014