Delhi High Court
Air Traffic Controllers Guild ... vs Union Of India And Ors. on 17 April, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: April 17, 2018
+ W.P.(C) 3731/2018
AIR TRAFFIC CONTROLLERS GUILD (INDIA) ..... Petitioner
Through: Ms. Jyoti Singh, Senior Advocate
with Mr. Saurabyh S. Sinha & Mr. Himanshu
Gautam, Advocates
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Ms. Anjana Gosain, Advocate for
respondents No.1 & 2
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
1. In the first round of litigation, respondent-Airport Authority of
India (AAI) was directed to resolve the burning issue of allocation of 449
posts in the year 2016, which was approved by AAI Board in December,
2013. Petitioner's Representation of 6th February, 2017 on the aspect of
filling up of 449 posts, stands decided by respondent-AAI vide impugned
order of 22nd June, 2017 (Annexure P-1) passed by the General Manager
(Human Resource).
2. As per the impugned order, sanctioned strength of Air Traffic
Control Officers (ATcOs) across various grades has already reached the
requirement of ATcOs projected for the year 2020. As per the impugned
order, the sanctioned strength of ATcOs is already in excess of
requirement of manpower, as reflected in the impugned order and so,
issuance of release order for the post of ATcOs is not required to be
acceded to.
3. It was put to counsel for the parties as to who has to accede to the
recommendations made by General Manager (Human Resource) in the
impugned order.
4. This Court was informed by learned counsel for respondent -AAI
that Manpower Board of AAI has to accept or decline the request for
creation of 449 posts of ATcOs.
5. Learned senior counsel for petitioner submits that the
recommendation made in the impugned order has to be considered by the
AAI Board, which has deliberated upon the aspect of release of 449 posts,
and has already approved it as per Record of Discussion of 26th
December, 2017 (Annexure P-25).
6. In the aforesaid Record of Discussion of 26th December, 2017
(Annexure P-25), it is noted that the ATM Directorate has submitted an
ATM staffing plan during ICAO Audit in 2015, which has projected less
manpower. However, the ATM Staffing Plan was prepared exclusively
for the requirement of ICAO Audit Team and it was nowhere intended to
curtail the career progression of ATcOs or annul the decision taken by
AAI Board. As per Record of Discussion of 26th December, 2017
(Annexure P-25), suitable clarification is to be issued by ED (ATM) to
Human Resource Directorate with respect to those approved posts and it
has been resolved in the discussion between the Chairman and Members
of Air Navigation Services (ANS), AAI and representatives of petitioners
and ATC Grid to initiate the file on the subject of recruitment of ATcOs.
However, the Record of Discussion of 26th December, 2017 (Annexure P-
25) does not specifically consider the impugned order/ recommendation
of 22nd June, 2017 (Annexure P-1).
7. Upon hearing and on perusal of record of this case, this Court
deems it fit to direct Airport Authority of India to reconsider impugned
order/ recommendation of 22nd June, 2017 (Annexure P-1) and Record of
Discussion of 26th December, 2017 (Annexure P-25) in the light of AAI
and ATS policy and guidelines which are recommended and approved by
the Committee consisting of AAI Board Chairman and members and to
take a conclusive decision within twelve weeks as to whether 449 posts
have to be released or not and the said decision be conveyed to petitioner
within a period of two weeks thereafter, so that petitioner may avail of the
remedies, as available in law, if need be. The decision be also conveyed
to Director General, Civil Aviation, for necessary information and action.
8. With aforesaid directions, this petition is disposed of.
(SUNIL GAUR)
JUDGE
APRIL 17, 2018
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