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Special Leave Petitions (C) Nos. 24220-24221 of 2007. Case: Vijay S. Sathaye Vs Indian Airlines Ltd. and Ors.. Supreme Court

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Case NumberSpecial Leave Petitions (C) Nos. 24220-24221 of 2007
Party NameVijay S. Sathaye Vs Indian Airlines Ltd. and Ors.
CounselFor Appellant: Manish Pitale, Sunil Kumar and Chander Shekhar Ashri, Advs. and For Respondents: Lalit Bhasin, Nina Gupta, Ratna D. Dhingra, Swati Sharma and Bina Gupta, Advs.
JudgesB.S. Chauhan and S.A. Bobde, JJ.
IssueService Regulations - Regulation 12; Constitution of India - Article 14
Citation2013 (11) SCALE 386
Judgement DateSeptember 06, 2013
CourtSupreme Court

Order:

  1. These petitions have been filed challenging the judgments and orders of the High Court of Madras dated 12.3.2002 in Writ Petition No. 21384 of 1994 and dated 20.7.2007 in Writ Appeal No. 2415 of 2002, rejecting the claim of the Petitioner for directing the Respondents to grant voluntary retirement to him from 12.11.1994.

  2. Facts and circumstances giving rise to these petitions are that:

    1. Petitioner joined the service of the erstwhile Indian Airlines Limited on 19.3.1972 as First Officer, and he has acquired the necessary license for becoming a Pilot. Petitioner was promoted as a Captain on 19.12.1975 and was further promoted as Commander on 1.1.1986.

    2. The Respondents came out with a Voluntary Retirement Scheme (in short 'VRS') for its employees in 1989 in order to reduce the surplus manpower. The said scheme was for the employees who had completed 25 years of service or had attained 55 years of age. Subsequently, the condition prescribed in the aforementioned scheme was reduced to 20 years of service in 1992.

    3. Regulation 12 of the Service Regulations provided that if an employee fulfils the aforesaid criteria of eligibility he can give three months' notice for voluntary retirement. However, the acceptance of the said resignation would be subject to the approval of the competent authority.

    4. The Petitioner completed 20 years of service on 19.3.1992. He was promoted as Deputy General Manager (Operations) on 30.8.1994. On 7.11.1994, the Petitioner submitted an application seeking VRS w.e.f. 12.11.1994. Petitioner was informed vide letter dated 11.11.1994 that he should continue in service till the time decision is taken. However, the Petitioner did not attend the duty after 12.11.1994. Petitioner joined the services of Blue Dart Ltd., and as he did not go to the Respondents to work from 12.11.1994 and there had been no response from the Respondents, he filed Writ Petition No. 19143 of 1994 for issuance of a writ of mandamus directing the Respondents to accept the Petitioner's application for voluntary retirement.

    5. During the pendency of the said petition, the Petitioner was informed by Respondent No. 4 vide letter dated 13/15.12.1994 that his application had been rejected. Thus, the writ petition filed by the Petitioner had become infructuous and the Petitioner preferred another Writ Petition No. 21384 of 1994 challenging the order dated 13/15.12.1994.

    6. The Respondents contested the said writ petition and during the pendency of...

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