Nikhil Kumar Jain v. Air India Limited

SUBRAMONIUM PRASAD, J. SEPTEMBER 22, 2022 N.Khanna

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 22.09.2022 % LPA 345/2021 & CM APPL. 33480/2021 NIKHIL KUMAR JAIN ..... Appellant Through: Mr. Akshat Bajpai, Ms. Ishanee Sharma, Advocates versus AIR INDIA LIMITED ..... Respondent Through: Ms. Shivani Sethi, Advocate CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD SATISH CHANDRA SHARMA, CJ. (ORAL) 1. The present Letters Patent Appeal is arising out of judgment dated 19.07.2021 passed by the learned Single Judge in W.P.(C.) No. 6695/2021. 2. The learned Single Judge has dismissed the Appellant's prayer for quashing the letter dated 01.12.2020 by which the Respondent airline, Air India Ltd. had refused to issue air passages to the Appellant herein, keeping in view the Air India Employees' Passage Regulations, 2017, on account of the Appellant having demitted the office in the Respondent airline. 3. The undisputed facts of the case reveal that the Appellant before this Court is a former Indian Railway Services Officer of the 1987 batch. The Appellant served the Indian Railways till 04.07.2012 and he was selected by the Public Enterprises Selection Board (PESB) for the post of full time Director (Personnel) in the services of Air India Limited. 4. Air India Limited is a statutory body incorporated under the Air Corporations Act, 1953 and is engaged in operating domestic and international flights. Air India has been subsequently taken over by the Tata Group. 5. The Appellant was shortlisted for the post of Director (Personnel) National Hydro Power Corporation Ltd. (NHPC). He was informed by Government of India, Ministry of Power on 15.12.2016 about his appointment as Director (Personnel) NHPC and he was finally appointed as Director (Personnel) NHPC on 01.02.2017. The Appellant demitted the office of Director (Personnel), Air India Limited and joined NHPC as Director (Personnel) on 07.02.2017. 6. The Air India Limited in its 51st Board meeting held on 12.03.2013 resolved to grant 24 free air passages to all full time Directors who had been selected through a duly notified PESB Selection process. 7. The Air India Limited pursuant to its Board resolution issued an Office Memorandum dated 30.09.2013 in the matter of grant of air passages and it was categorically mentioned that the retired board level functionaries are entitled for 24 air passages at the time of their superannuation. 8. On 16.12.2013, a clarification was issued by Air India Limited and it was stated that in respect of ACC approved full time appointee Directors who had been selected through a duly notified PESB selection process in Schedule B scale of pay would be entitled to 24 passages, both on retirement and/ or demitting office. It was also mentioned in the aforesaid clarification that such officers would also be entitled for upgradation to highest class against tickets issued in executive class. 9. The Appellant before this Court, placing reliance upon Air India Employees' Passage Regulations dated 27.03.2017 and an Office Memorandum of the Government of India, Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises dated 01.02.2017 is claiming 24 passages. 10. The Appellant on 14.08.2017 made a representation to the Chairman and Managing Director of Air India Limited for grant of air passages and also stated that there is a clear policy in place in accordance with which passages are required to be issued. However, nothing was done in the matter and, therefore, representations were again preferred to the Chairman and Managing Director on 25.06.2020 and 15.09.2020. 11. That one Mr. Akshat Bajpai filed an application under the Right to Information Act, 2005 regarding passage entitlements granted to CVO's and CMD's who joined Air India on deputation and a reply was given to Mr. Akshat Bajpai on 14.09.2020 stating that the CVO's and CMD's who joined Air India on deputation are being extended the SOL passage facility in accordance with the terms and condit