Kerala High Court
Monto Nath vs The Chief Executive Officer on 29 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
WP(C).No.270 OF 2021(G)
PETITIONERS:
1 MONTO NATH
AGED 38 YEARS
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, CHACKAI JN.
OPPOSITE K.S.E.B, OFFICE, THIRUVANANTHAPURAM 695 007.
2 NIRAJ KUMAR SAHU,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, CHACKAI JN.
OPPOSITE K.S.E.B, OFFICE, THIRUVANANTHAPURAM 695 007.
3 ATUL KUMAR,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, CHACKAI JN.
OPPOSITE K.S.E.B, OFFICE, THIRUVANANTHAPURAM 695 007.
4 PRADEEP J.R,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, CHACKAI JN.
OPPOSITE K.S.E.B, OFFICE, THIRUVANANTHAPURAM 695 007.
5 PRABHAT KUMAR JHA,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, ROOM D44,
CALICUT AIRPORT, MALAPPURAM 673 647.
6 ALOK GUPTA,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, ROOM D44,
CALICUT AIRPORT, MALAPPURAM 673 647.
7 PRADYUMNA KUMAR SWAIN,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, ROOM D44,
CALICUT AIRPORT, MALAPPURAM 673 647.
8 HARI PRASATH MANOHARAN,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, AIR INDIA
UNITY COMPLEX, PALLAVARAM CANTT, CHENNAI 600 043.
WP(C).No.270 OF 2021(G)
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9 MS. NEETU SHARMA,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, EMF
BUILDING T3, INTERNATIONAL AIRPORT,
NEW DELHI 110 037.
10 SACHIN KUMAR,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, EMF
BUILDING T3, INTERNATIONAL AIRPORT,
NEW DELHI 110 037.
11 ANILKUMAR C.B.,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, COCHIN
INTERNATIONAL AIRPORT , AIRLINES BUILDINGS,
NEDUMBASSERY, ERNAKULAM 683 111.
12 JAIN MATHEW,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, COCHIN
INTERNATIONAL AIRPORT, AIRLINES BUILDINGS,
NEDUMBASSERY, ERNAKULAM 683 111.
13 KAUSHAL KUMAR SHARMA,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, B6,
TERMINAL 2, JAIPUR AIRPORT, RAJASTHAN 302 017.
14 VIJAY KUMAR KALYANI,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, MRO
COMPLEX, NEAR CISE GATE NO 3, RAJIV GANDHI
INTERNATIONAL AIRPORT LIMITED, SHAMSHABAD,
HYDERABAD, TELENGANA 500 069.
15 RINESH P.,
DEPUTY CHIEF ENGINEER,
AIR INDIA ENGINEERING SERVICES LIMITED, KANNUR
AIRPORT, KANNUR.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.GOKUL D. SUDHAKARAN
SRI.SABU PULLAN
SRI.S.K.ADHITHYAN
SRI.K.SUDHINKUMAR
WP(C).No.270 OF 2021(G)
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RESPONDENTS:
1 THE CHIEF EXECUTIVE OFFICER,
AIR INDIA ENGINEERING SERVICES LIMITED, 113,
AIRLINES HOUSE, GURUDWARA RAKABGANI ROAD,
PARLIAMENT STREET NEW DELHI 110 001.
2 THE CHIEF OF PERSONNEL,
AIR INDIA ENGINEERING SERVICES LIMITED, CRA
BUILDING, , 2ND FLOOR, SAFDARJUNG AIRPORT, NEW
DELHI 110 003.
3 THE CHIEF MAINTENANCE MANAGER,
AIR INDIA ENGINEERING SERVICES LIMITED, CHACKAL JN,
OPPOSITE K.S.E.B OFFICE,
THIRUVANANTHAPURAM 695 007.
SC M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.270 OF 2021(G)
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JUDGMENT
Dated this the 29th day of January 2021
This writ petition is filed seeking the following reliefs:
"i) to issue a writ of mandamus or order or direction to
the respondents to issue promotion orders to the petitioners
as Additional Chief Engineers in Air India Engineering
Services Ltd., with effect from the date on which their due
date for promotion fell due with all consequential benefits;
ii) to issue a writ of Mandamus or order or direction to
the 1st respondent to consider and take appropriate decision
on Ext.P3 representation as expeditiously as possible and at
any rate within a time limit that may be fixed by this Hon'ble
Court;
iii) to declare that the petitioners are eligible to be
promoted as Additional Chief Engineers in AIESL with effect
from 1st February 2020 and thereafter with all consequential
benefits."
2. Heard the learned counsel for the petitioners and the learned
Standing counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioners that
the petitioners are fully qualified and eligible for promotion to the
post of Additional Chief Engineers in the respondent-Organization.
WP(C).No.270 OF 2021(G)
The petitioners have placed representations on record before the
respondents seeking such promotions.
4. It is for the respondents to consider the claim of the
petitioners and pass orders thereon with regard to promotions.
There will, accordingly, be a direction to the competent among
the respondents to take up the request made by the petitioners and to
pass orders on their representations seeking promotion. Orders shall
be passed within a period of one month from the date of receipt of a
copy of this judgment. Ext.P4 select list shall be duly considered by
the respondents while passing orders on the representations as
directed above.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.270 OF 2021(G)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CAREER PROGRESSION AND
CONSOLIDATION OF HUMAN RESOURCES POLICY
AIRCRAFT MAINTENANCE ENGINEERS PUBLISHED
ON 7.6.2011.
EXHIBIT P2 TRUE COPY OF THE LIST OF THE PETITIONERS
AND THEIR DUE DATED PROMOTION SUBMITTED
BY THE ASSOCIATION OF THE PETITIONERS TO
THE 2ND RESPONDENT DATED 7.1.2020
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FIELD BY
THE 1ST PETITIONER (GENERAL SECRETARY OF
THE PETITIONERS ASSOCIATION), BEFORE
RESPONDENTS 1 AND 2 DATED 12.09.2020.
EXHIBIT P4 TRUE COPY OF THE REPORT GIVEN BY THE
EXECUTIVE HR OF AIR INDIA ENGINEERING
SERVICES LIMITED, DATED 28.09.2020.
EXHIBIT P5 TRUE COPY OF THE WHATSAPP MASSAGE
RECEIVED BY THE 1ST PETITIONER FROM THE
3RD RESPONDENT DATED 14.11.2020.
