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Andhra High Court · body

2007 DIGILAW 231 (AP)

K. Malla Reddy v. Chairman, Airport Authority of India, New Delhi

2007-03-05

C.V.RAMULU

body2007
ORDER It appears, before formation of Airport Authority of India, there were two Departments existed, one was Central Public Works Department (CPWD) and the other was Civil Aviation Department. The personnel working in the Civil Aviation Department were called Executives and the personnel working in CPWD, were called non-executives. Airport Authority of India came into existence with effect from 1-6-1986. It seems, while absorbing the personnel of CPWD, there were some disputes and the matter was referred to the arbitrator and arbitral award was passed on 19-3-1988. Further, flexible complementary scheme was introduced for the benefit of the employees of Airport Authority of India, except the Engineering staff, for automatic upgradation, wherever there is a stagnation of promotion for more than 6 years. 2. Now, it is the grievance of the petitioners, who are 16 in number that the scheme of flexible complementary was not extended nor the arbitral award of 1988 was implemented in their favour. 3. However, it appears, during the pendency of the Writ petition, as many as, against 12 petitioners, the arbitral award was implemented from 1-7-1973 onwards and they have been paid all the monetary benefits accrued there under. Insofar as the other four petitioners are concerned, that was not paid. Further, even the automatic upgradation scheme was implemented in respect of 14 petitioners and it was not implemented insofar as petitioners 11 and 12 are concerned, since there were some adverse remarks against them. Thus, substantially, the relief sought for in the Writ petition has been granted against 14 petitioners out of 16, insofar as flexible complementary scheme and against 12 petitioners insofar as the arbitral award of 1988 was concerned. Therefore, nothing much survives for adjudication in the Writ Petition. However, the rest of the petitioners, who did not get the benefit of arbitral award and the automatic upgradation scheme, are entitled to make a fresh representation before the authorities for considering their case on par with those who have already been extended the benefit of the scheme and/or arbitral award and on filing such representation, the respondents shall pass appropriate orders, in accordance with law, within a period of two months from the date of receipt of such detailed representation. 4. With the above direction, the Writ Petition is disposed of. No order as to costs.