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Showing contexts for: b.s.mainee in Programme Staff Association Of Air &Dd vs Union Of India Through The on 21 October, 2008Matching Fragments
8. On 6.7.2001 Director General, AIR rejected the proposal of inclusion of Supervisor (Foreign Language) into IBPS on the ground of dissimilarity in functional requirements, which was assailed in OA-635/2002. However, an order passed on 11.9.2007 by the competent authority, approving encadrement of Supervisors (Foreign Language) into IBPS as departmental candidates on initial constitution with all benefits the above OA was withdrawn.
9. Shri B.S. Mainee, learned counsel of applicant in OA-871/2008 by placing reliance on order dated 11.9.2007 and the UPSC recommendation for encadrement of the applicant in Group A cadre contended that the Tribunal earlier in R.L. Malhotra and others (supra) having categorically observed that the functions and duties assigned to the post of Supervisor (Foreign Language) are far from being inferior and are identical to Programme Cadre, their non-inclusion by the Government despite a conscious decision taken on 11.9.1997 is not in consonance with law. Learned counsel would that contend that once they have been given options on screening by the UPSC for conversion into government servants, their non-cadrement in IBPS is violative of Articles 14 of the Constitution of India as the applicant has only one avenue to be inducted i.e. in the Programme cadre as in two other cadres applicant do not function either on ministerial side or information. Learned counsel has invoked the doctrine of fair play, waiver and estoppel to contend that the respondents having taken a decision, which was accepted at the appropriate level and applicant on exercising an irrevocable option for induction into the government service as regular Programme cadre the respondents are now estopped from taking a contrary decision. Learned counsel would also contend that a proposal as a fall out of government decision dated 11.9.2007 to create four supernumerary posts is not the correct view of the matter, as admittedly 16 posts are available in the Programme cadre for regular induction of the applicant.