Full Text
LPA 92/2015
VIVEK KUMAR JAISWAL&ORS Appellants Represented by: MsJyoti Singh, Sr.Advocate instructed by Mr.Saurabh Ahuja, Ms.Tinu Bajwa, Mr.Amandeep Joshi and Mr.Sameer Sharma, Advocates
Mr.Chetna Rai, Advocate for R-1 and R-2 with Mr.B.Vijay Kumar, DGM(HL)
Ms.Anjana Gosain, Advocate with Mr.Sarfaraz Ahmad, Advocate for
R-3
VIVEK KUMAR JAISWAL & ORS Petitioners Represented by: MsJyoti Singh, Sr.Advocate instructed by Mr.Saurabh Ahuja, Ms.Tinu Bajwa, Mr.Amandeep Joshi and Mr.Sameer Sharma, Advocates
Mr.Chetna Rai, Advocate for R-1 and R-2 with Mr.B.Vijay Kumar, DOM (HL)
Ms.Anjana Gosain, Advocate with Mr.Sarfaraz Ahmad, Advocate for
R-3
HON'BLE MS. JUSTICE PRATIBHA RANI LPA No.92/2015 &WP(C) 8974/2014 Page 1of3
2015:DHC:10943-DB r
25.02.2015
ORDER
1. The grievance in the appeal is to the fact that on January 07, 2015 WP(C)No.8974/2014 filed by the petitioners was admitted with a direction that it would be listed in due course as per its priority position keeping in view the year ofits seniority.
2. Interim relief was denied holding that if the writ petitioners succeed they would be entitledto all consequential benefits.
3. In our opinion, the issue raised inthe writpetition requires hardly any worthwhile consideration and thus rather than to admit the writ petition it ought to have been disposed of at the 'after notice' stage on account of the admitted facts.
4. With consent of the respondents it has been agreed that the appeal as also the writ petition could be disposed ofby us and therefore as directed by us the writ petition has also been listed before the Division Bench for disposal today.
5. The appellants are employees of the Airport Authority of India. Recruitment and promotion of the employees of the Airport Authority of India is governed by statutory rules called Airport Authority of India (Recruitment and Promotion) Regulations, 2005.
6. For the post of Junior Executive (E-1 level), the Recruitment Rule provides that 75%posts wouldbe filled up by directrecruitment and 25%by promotion through a competitive examination from employees of Airport AuthorityofIndia having relevant educational qualification.
7. Whereas appointment by direct recruitment was effected in the year 2008, 2010 and 2012 when 83, 350 and 159 persons were appointed as Junior Executives, last appointment by promotion in the 25% quota was LPA No.92/2015 &WP(C) 8974/2014 Page 2of[3] effected in the year 2009 when only 38 vacant posts in the promotee quota were filled up.
8. As of the year 2015 the conceded position is that 455 vacancies exist in the 75% quota for direct recruitment and 139 vacancies exist in the 25% promotion quota.
9. Whereas recruitment process for direct appointment has been initiated by Airport Authority of India to fill up 455 posts by direct recruitment, the grievance of the appellants is that no such process has been initiated to fill up 138 vacant posts in the promotee quota.
10. Learned counsel for the Airport Authority of India on instructions informs us that within the next month of so, recruitment process to fill up 139 posts of Junior Executive in the promotee quota would be initiated by inviting applications from the eligible candidates and assures that by December, 2015 the appointment process for promotion would be completed.
11. The appeal as also the writpetition areaccordingly disposed of noting the assurance given to the Court by Airport Authority of India that appointment by promotion in the 25% quota of Junior Executive would be completed latest by December 31, 2015.
12. No costs. CMNo.2985/2015 Dismissed as infructuous.
PRADEEP NANDRMOG, J. FEBRUARY 25,2015 bKf• 0^ rk LPANo.92/2015 & WP(C) 8974/2014 ^ Page[3] of 3