The Airport Authority Of India vs Arun R.A
2023 Latest Caselaw 8718 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                          RP NO. 595 OF 2022
    AGAINST THE JUDGMENT IN WP(C) 11348/2020 DATED 13.10.2021


REVIEW PETITIONERS:

    1     THE AIRPORT AUTHORITY OF INDIA, REPRESENTED BY ITS
          DIRECTOR, RAJIV GANDHI BHAVAN, NEW DELHI 110 001.

    2     THE CHAIRMAN, AIRPORTS AUTHORITY OF INDIA, RAJIV
          GANDHI BHAVAN, NEW DELHI 110 001.

    3     THE REGIONAL EXECUTIVE DIRECTOR, AIRPORTS AUTHORITY
          OF INDIA, SOUTHERN REGION, CHENNAI 600 027.

          BY ADV V.SANTHARAM


RESPONDENTS:

    1     ARUN R.A, AGED 42 YEARS, S/O. R. RAVEENDRAN NAIR,
          RESIDING AT '' ARUN BHAVAN", NEAR ALAN FELD MAN
          PUBLIC SCHOOL, KIZHAKKUMBHAGOM, KAZHAKKUTTOM P.O,
          THIRUVANANTHAPURAM- 695 582 (MOBILE NO. 7907293157)

    2     BENNY VARGHESE, AGED 43 YEARS, S/O. LATE Y. PODIYAN,
          RESIDING AT BENNY BHAVAN, THAZHAM WARD, EAST KALLADA
          P.O, KOLLAM DISTRICT- 691 502 (MOBILE NO. 8547910011)

    3     SREERAJ S.R, AGED 39 YEARS, S/O. A.P. SREEDHARAN
          PILLAI, RESIDING AT MAVUVILAVEEDU, ARAYIL, PAKALKURY
          P.O, PALLICKAL, TRIVANDRUM DISTRICT, KERALA 695 604
          (MOBILE NO. 8281867121)

    4     KALADHARAN A, AGED 46 YEARS, S/O. LATE GANGADHARAN
          NAIR, RESIDING AT PONNARAMBATH HOUSE, ERAMANGALAM
          POST, BALUSSERY VILLAGE, BALUSSERY VILLAGE,
          KOZHIKODE DISTRICT 673 612 (MOBILE NO. 9446973801)

    5     MANOJ U.K, AGED 38 YEARS, S/O. UNNIKRISHNAN NAIR K,
          RESIDING AT SREEBHAVAN, CHOOZHATTUKOTTA, MALAYAM P.O,
          TRIVANDRUM- 695 571, (MOBILE NO. 9475422734)
 RP 595/22
                                   2


     6      UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
            MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND
            PENSIONS, DEPARTMENT OF PERSONNEL AND TRAINING,
            NORTH BLOCK,
            NEW DELHI 110 001.

            BY ADV SUJINI S.S.


      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP 595/22
                                     3

                           O R D E R

This petition, seeking review of the judgment of this Court

dated 13.10.2021, has been filed by the petitioners asserting that,

even at the time when the same was delivered, the 4 th respondent

herein had been employed with the Railway Protection Force,

Trichy.

2. Since the learned counsel for the 4th respondent does

not contest the above fact, I am certain that this petition for

review is deserving of being allowed.

Resultantly, this Review Petition is allowed and the direction

in the judgment to the Airport Authority of India to identify three

more vacancies, to accommodate all writ petitioners is modified,

making the said benefit applicable to all of them, except No.4.

In all other respects, the judgment will remain unaltered.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                               JUDGE
 RP 595/22


                  APPENDIX OF RP 595/2022

PETITIONER ANNEXURES
Annexure A1         TRUE COPY OF THE OFFER OF APPOINTMENT

ISSUED TO THE PETITIONER IN W.P.C NO. 16186 OF 2019.

Annexure A2 TRUE COPY OF THE OFFER OF APPOINTMENT ISSUED TO THE 1ST PETITIONER IN W.P.C NO. 11348 OF 2020.

Annexure A3 TRUE COPY OF THE OFFER OF APPOINTMENT ISSUED TO THE 2ND PETITIONER IN W.P.C NO. 11348 OF 2020.

Annexure A4 TRUE COPY OF THE OFFER OF APPOINTMENT ISSUED TO THE 3RD PETITIONER IN WPC NO. 11348 OF 2020.

Annexure A5 TRUE COPY OF THE OFFER OF APPOINTMENT ISSUED TO THE 4TH PETITIONER IN W.P.C NO. 11348 OF 2020.

Annexure A6 TRUE COPY OF THE OFFER OF APPOINTMENT ISSUED TO THE 5TH PETITIONER IN W.P.C NO. 11348 OF 2020.

Annexure A7 TRUE COPY OF THE UNDERTAKING ISSUED BY THE 4TH RESPONDENT HEREIN (4TH PETITIONER IN W.P.C NO. 11348 OF 2020). Annexure A8 TRUE COPY OF THE ANNEXURE II, ATTESTATION FORM SUBMITTED BY THE 4TH RESPONDENT, HEREIN (4TH PETITIONER IN W.P.C NO. 11348 OF 2020).

Annexure A9 TRUE COPY OF THE WILLINGNESS TO UNDERGO TRAINING, UNDER ANNEXURE B FORM ISSUED BY THE 4TH RESPONDENT, HEREIN (4TH PETITIONER IN W.P.C NO. 11348 OF 2020). Annexure A10 TRUE COPY OF THE E-MAIL DATED 24.12.2021 ALONG WITH ANNEXURE B ISSUED BY THE 3RD RESPONDENT HEREIN AND THE REPLY OF THE REVIEW PETITIONER DATED 29.12.2021. Annexure A11 TRUE COPY OF THE E-MAIL DATED 30.12.2021.

Annexure A12 TRUE COPY OF E-MAIL DATED 17.02.2022 FORM FSTC, KOLKATTA.

Annexure A13 TRUE COPY OF THE RELEVANT PAGES OF OFFICE MEMORANDUM DATED 25.02.2014. Annexure A14 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 07.01.2022.

Annexure A15 TRUE COPY OF THE E-MAIL DATED 07.01.2022 SENT BY THE 4TH RESPONDENT.

RP 595/22

Annexure A16 TRUE COPY OF THE OFFICE MEMORANDUM NO.

36034/1/2014-ESTT (RES) DATED 14.08.2014.

Annexure A17 TRUE COPY OF THE COMMUNICATION DATED 10.02.2022.

Annexure A18 TRUE COPY OF THE COMMUNICATION SXT/564/RECRUITMENT/2022 DATED 10.02.2022.

Annexure A19 TRUE COPY OF VARIOUS E-MAILS DATED 12.01.2022, 13.01.2022, 19.01.2022, 24.01.2022, 25.01.2022 AND 3 EMAILS ON 27.01.2022 SENT BY THE 4TH RESPONDENT. Annexure A20 TRUE COPY OF THE EMAIL DATED 28.01.2022 SENT BY THE 5TH RESPONDENT Annexure A21 COPIES OF THE E-MAIL COMMUNICATION DATED 01.03.2022 AND REPLY SUBMITTED VIDE EMAIL DATED 05.03.2022.

Annexure A22 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 05.04.2022 SENT TO 5TH RESPONDENT SHRI. MANOJ U.K ALONG WITH ENCLOSURE LETTER REF. NO. AAI/SR/2-1 (5) EA/CC/R&P/08 DATED 05.04.2022. Annexure A23 TRUE COPY OF THE COMMUNICATION SENT THROUGH SPEED POST RETURNED TO THE SENDER WITH THE ENDORSEMENT.