Through Ms Jamine Damkewala v. Director General of Civil Aviation

1. The petitioners have filed these petitions, inter alia, impugning the Civil Aviation Requirement dated 24.02.2016 (hereafter 'the impugned CAR') issuedby respondent no.l (hereafter 'the DGCA').

2. One of the principal grounds urged on behalf of the petitioners is that the DGCA has issued the impugned CAR with the object to "keeping in view the availability of cabin crew and their optimum utilisation with adequate duty time limitations inthe context of growing Indian civil aviation section", which is beyond the jurisdiction of the DGCA. It is contendedthat the power of the DGCA to issue directions for stipulating the duty period and rest period of the cabin crew stems from his jurisdiction to issue directions in the interest of safely of flight operations; therefore, the objective of making optimal use of cabin crew is an extraneous consideration. ^ 3. The learned coimsel appearing for the petitioners have also submitted a tabular statement that indicates the specific provisions from which they are aggrieved. Essentially, the petitioners are aggrieved by reduction in the minimum rest period and increase in the maximum duty period for crew members. It is earnestly contended that the impugned CAR are prejudicial to the safety ofthe passengers as it does not adequately consider the impact of fatigue on crew alertness, which is the principal objective that the impugned W.P.(C) Nos. 7728/2016 &S493/20I[6] Page 2of[5] t t CAR requires to address.

4. The petitioners have, also produced a chart mdicating the duty schedules of crew members in various International Airlines and have submitted that the minimum rest period indicated by DGCA are the lov/est in the world.

5. The learned counsel appearing for the parties have also refeiTed to Rule 42A ofthe Aircraft Rules, 1937 (hereafter 'the Rules') as amended by The Aircraft (Third Amendment) Rules, 2016, whereby Rule 42A has been amended to read as under:- "42A. Fatigue Management of Flight Crew and Cabin Crew Members.— (1)Taking into account the likely impact of fatigue on the level of alertness of flight crew members and cabin crew members, the maximum limits of flight time, flight duty period and duty period of flight crew members as well as cabin crew members, and also the minimum rest periods required to be observed by such crew members, may be specified by the Director-General. (2)No flight crew member or cabin crew member of a flying machine registered in India, or wet-leased by an Indian operator, hall contravene the limitations stipulated by the •Director-General under sub-rule (1). (3)Every Indian operator shall establish a scheme of flight and duty time limitations and minimum rest periods for its fliglit crew members as well as cabin crew members in accordance with the stipulations made by the Director- General under sub-rule (1) and submit the same to the Director-General for approval and after approval by the Director-General, such scheme shall form part of the W.P.(C)Nos. 7728/2016 &8493/2016 Page[3] of[5] K Operations Manual ofthe concerned operator."

6. It is clear from Rule 42A (1) ofthe Rules that the DGCA may specify the maximum limits of flight time, flight duty period and duty period of flight crew members as well as cabin crew members, and also the minimum rest periods required to be observed by such crew members having regard to the impact of fatigue on alertness of flight crew members and cabin crew members.

7. Ms Gosain, the learned counsel appearing for the DGCA states that the approach of the DGCA in this matter is not adversarial and the DGCA would have no difficulty in re-examining the grievance of the petitioiiers as specifically pointed out in the tabular statement submitted before this Court. She also states that Rule 42A - as amended by the Aircraft (Third Amendment) Rules, 2016 - came into effect on 16.09.2016, which was subsequent to the issuance of their impugned CAR. Thus, the DGCA could not have considered the said Rule while issuing the impugned CAR. Clearly, it would be necessary for the DGCA to review the impugned CAR and issue a fresh CAR having regard to the provisions ofRule 42A ofthe Rules.

8. In view of the above stand of the DGCA, it is directed that the DGCA shall consider the grievances of the petitioners as set out in the tabular statement submitted by the petitioners as well as the petitioners' grievance with regard to maintaining and submission of records relating to duty of the crev/. The DGCA shall take an informed decision and communicate a reasoned order after giving the petitioners an opportunity of being heard, within a period of ten weeks fr'om today. The DGCA shall also review the impugned CAR in the light ofRule 42A ofthe Rules. Nos. 7728/2016 & 8493/2016 Page 4 of[5] I ^1

9. It is clarified that the impugned CAR will continue to be operative till the DGCA takes an informed decision. The DGCA shall issue a fresh CAR in the light of the grievances of the petitioners as well as having regard to the expressed provisions of Rule 42A of the Rules within a period of 12 weeks from today.

10. The aforesaid order is passed with the consent ofthe parties.

11. The petitions and the pending applications are disposed of with the aforesaid directions.

12. Order dasti under the signature of Court Master.

VIBHU BAKHRU, j FEBRUARY 02, 2018 pkv