Sangeetha Sharma v. Air India Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.27932 of 2015 and M.P.No.1 of 2015 Sangeetha Sharma ... Petitioner Vs.

1. Air India Ltd., Represented by its Chairman and Managing Director, Airlines House, No.113, Gurudwara Rakabganj Road, New Delhi - 110 001

2. The Director (Personnel), Air India Ltd., Airlines House, Room No.410, 4th Floor, No.113, Gurudwara Rakabganj Road, New Delhi - 110 001

3. The Executive Director, Southern Region, Air India Ltd., Meenambakkam, Chennai - 600 027

4. The General Manager (Personnel), Air India Ltd., Airlines House, Meenambakkam, Chennai - 600 027

5. The Deputy General Manager (IFS), Air India Ltd., Airlines House Meenambakkam, Chennai - 600 027 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner for promotion to the post of Assistant Manager, w.e.f. 01.04.2007, on par with her immediate Junior and issue promotion order to the petitioner with all consequential benefits.

For Petitioner : Mr. R.Parthiban For Respondents : Mr. N.G.R.Prasad

O R D E R

Admit. Mr.N.G.R.Prasad, learned Standing Counsel, takes notice for the respondents. By consent of the learned counsel for both sides, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner would state that she joined in the services of the first respondent, as Air-Hostess, on 20.11.1989 and completed more than 25 years of service and also worked, as Chief Cabin Crew, for more than 20 years. The petitioner would further state that Indian Airlines and Air India were amalgamated into a single company and the issue relating to the integration of the employees of both the companies got resolved by a committee headed by The Hon'ble Mr. Justice Dharmadhikarai, a retired Judge of the Hon 'ble Supreme Court of India. On the basis of the recommendations, it is declared that the date of merger/integration between the employees of the two corporations has to be on 01.04.2007 and for that purpose, made certain further recommendations for promotions and fixing inter-se seniority.

The first respondent, in pursuant to the recommendation, has effected promotions to the post of Assistant Manager with effect from 01.07.2007. Though the batch-mates of the petitioner hailing from western and northern regions got promoted, the petitioner has not been promoted, though she is equally eligible to get the promoted post.

The petitioner, in this regard, has submitted a representation, dated 09.01.2015, to respondents 2, 4 and 5. Though the same was received and acknowledged, no response is forth coming, hence, the petitioner has come forward to file this writ petition.

3. This Court heard the submissions of the learned counsel for the petitioner as well as the learned Standing Counsel, who accepts notice on behalf of the respondents.

4. Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the third respondent to consider the petitioner's representation, dated 09.01.2015 on merits and in accordance with law, after taking into consideration the Establishment Order No.25 of 2015, dated 16.03.2015 with Reference No.HPDO1/IFS-1201, passed by the General Manager (Personnel), Airlines House, New Delhi - 110001 and pass orders, after putting on notice to the persons concerned, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the persons concerned.

5. This writ petition is disposed of accordingly. No costs. Consequently, the connected MP is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar srk

To

1. The Chairman and Managing Director, Air India Ltd., Airlines House, No.113, Gurudwara Rakabganj Road, New Delhi - 110 001

2. The Director (Personnel), Air India Ltd., Airlines House, Room No.410, 4th Floor, No.113, Gurudwara Rakabganj Road, New Delhi - 110 001

3. The Executive Director, Southern Region, Air India Ltd., Meenambakkam, Chennai - 600 027

4. The General Manager (Personnel), Air India Ltd., Airlines House, Meenambakkam, Chennai - 600 027

5. The Deputy General Manager (IFS), Air India Ltd., Airlines House Meenambakkam, Chennai - 600 027 +1cc to Mr.R. Parthiban, Advocate, S.R.No.47888 +2ccs to Mr.G.R. Prasad, Advocate, S.R.No.48814 & 48815 CNR(CO) EU(25/09/2015) W.P.No.27932 of 2015 & M.P.No.1 of 2015