P.Santosh Kumar, v. Air India Limited,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY and M.P.Nos.1 & 2 of 2014 1.P.Santosh Kumar 2.V.Kalidoss 3.P.Mohanasundaram 4.K.S.Balaji 5.K.G.Suresh Kumar 6.N.Vasanthi 7.Amalendu Samaddar 8.Sandip Mandal 9.Abdu Samad Babu .. Petitioners Vs.
1.Air India Limited, Rep. by its Chairman and Managing Director, Airlines House, Gurudwara Rakhabkanj Road, New Delhi-110001.
2.Implementation & Anomaly Rectification Committee, Rep. by its Member Mr.Syed Nazir Ali, JMD, (Air India Ltd), Airlines House, Gurudwara Rakhabkanj Road, New Delhi-110 001.
3.Air India Ltd, Rep. by its Executive Director Southern Region, Airlines House, Meenambakkam, Chennai-27.
1/6
4.Joseph John, 5.S.Venkataraman, 6.Imtitongzuk 7.M.K.Singh 8.T.K.Gupta 9.K.J.Dhoke 10.P.S.Dongre 11.Rajan Sehgal 12.Manoj Kr.Kakkar 13.RJMJR Fernando, 14.C.Vijoy Kumar 15.Atul Garg 16.Sunil Sharma 17.S.Bhattacharya 18.Sanjay Agarwal .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the letter in Ref.No. HPDOI/X-1100 dated 26.12.2013 and the consequent appointment order in Ref.No. HPDOI/GS-1201 dated 2/6
05.09.2014 on the file of the 1st respondent herein and quash the same and consequently direct the 1st respondent herein to conduct a fresh promotion process to the post of "Senior Assistant General Managers (Ground Support)" through a fair and transparent selection procedure through a Departmental Promotion Committee (DPC) consisting of equal number of erstwhile Indian Airlines and Air-India representatives together with an outside expert and further order the entire promotion process to be in consonance with the recommendation of Justice Dharmadhikari's report.
For Petitioners : Mr.G.Arumugaraja For R1 to R3 : Mr.K.Srinivasa Murthy For R4 to R18 : No appearance
O R D E R
At the hearing on 30.10.2024, learned counsel for respondents 1 to 3 placed on record a judgment of the Hon'ble Supreme Court in R.S.Madireddy and another v. Union of India & others, 2024 INSC 425 to contend that the writ petition is not maintainable in view of Air India Limited ceasing to be a Public Sector Undertaking. 3/6
2.At today's hearing, learned counsel for the petitioners accepts the above position and seeks leave to institute appropriate legal proceedings.
3.Therefore, W.P.No.26935 of 2014 is dismissed by leaving it open to the petitioners to institute appropriate legal proceedings in accordance with law. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.
20.12.2024 Index : Yes / No Internet : Yes / No kj 4/6
To 1.Air India Limited, Rep. by its Chairman and Managing Director, Airlines House, Gurudwara Rakhabkanj Road, New Delhi-110001.
2.Implementation & Anomaly Rectification Committee, Rep. by its Member Mr.Syed Nazir Ali, JMD, (Air India Ltd), Airlines House, Gurudwara Rakhabkanj Road, New Delhi-110 001.
3.Air India Ltd, Rep. by its Executive Director Southern Region, Airlines House, Meenambakkam, Chennai-27.
5/6
SENTHILKUMAR RAMAMOORTHY,J.
Kj and M.P.Nos.1 & 2 of 2014 20.12.2024 6/6