IVY VARGHESE and others v. Airports Authority of India and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** ## **FRIDAY, THE 25TH DAY OF SEPTEMBER 2020/3RD ASWINA, 1942** ## **WP(C).No.7374 OF 2019(V)** ## **- PETITIONERS :** - **1 IVY VARGHESE, ASSISTANT GENERAL MANGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT ALINTEKIZHAKETHIL, IRUMBANAM P.O., ERNAKULAM - 682 309.** - **2 SASIDHARAN K., ASSISTANT GENEAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT ASHA VIHAR, C.MADHAVAN ROAD, PERUVARAM, NORTH PARAVUR, ERNAKULAM - 683 513.** - **3 R.ANILKUMAR, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT GANGOTHRI, JANAPRIYA NAGAR, KUTTUMUCK, RAMAVARMA PURAM P.O., THRISSUR - 680 631.** - **4 A.G.JAYASREE, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT PERUMARATH HOUSE, NANDIKARA P.O., THRISSUR - 680 301.** - **5 C.S.SUNILDUTT, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT TC 7/1508(4), KATTACHAL ROAD, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006.** **6 LATHA R., ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT TCF 42/392(3), THAVALODE LANE, SREEVARAHAM, THIRUVANANTHAPURAM - 695 008.** **7 K.SREEKUMAR, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT SREE SHYLAM, RAILWAY STATION ROAD, THIRUVALLA - 689 111.** WP(C).No.7374 OF 2019(V) -: 2 :- - **8 R.SREEKUMAR, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT KALPAKAM, THEVALLY P.O., KOLLAM - 691 009.** **9 JOSH THOMAS, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT KIZHAKKEKUTTU, CHEERANCHIRA P.O., CHANGANASSERY - 686 106.** - **10 C.J.THOMAS, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT TC XI/949(1), CHARUVILAYIL DEWASOM LANE-C5, KESAVADASAPURAM, THIRUVANANTHAPURAM - 695 004.** - **11 AMRITHA KUMARI S., ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT TC 22/3165, FOHUM, SASTAMANGALAM, THIRUVANANTHAPURAM - 695 010.** - **12 SANAL KUMAR, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT TRA 49, THAVALODE LANE, SREEVARAHAM, THIRUVANANTHAPURAM.** - **13 V.K.PILLAI, ASSISTANT GENERAL MANAGER, AIRPORTS AUTHORITY OF INDIA, RESIDING AT NAVANEETH, TC 31/242(3), CHAKAI, THIRUVANANTHAPURAM - 695 011.** **BY ADVS. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.ASWIN.P.JOHN** ## **- RESPONDENTS :** - **1 THE AIRPORTS AUTHORITY OF INDIA(AAI), RAJIV GANDHI BHAVAN, SAFDARJUNG, NEW DELHI, REPRESENTED BY ITS CHAIRMAN.** WP(C).No.7374 OF 2019(V) -: 3 :- ||**2**|**AIRPORT DIRECTOR,**| |---|---|---| |||**AIRPORTS AUTHORITY OF INDIA,**| |||**THIRUVANANTHAPURAM - 695 008.**| ||**3**|**CO-ORDINATOR-IN-CHARGE (CIC),**| |||**AIRPORTS AUTHORITY OF INDIA,**| |||**COCHIN INTERNATIONAL AIRPORT,**| |||**KOCHI AIRPORT P.O. - 683 111.**| ||**4**|**UNION OF INDIA,**| |||**REPRESENTED BY ITS SECRETARY,**| |||**MINISTRY OF CIVIL AVIATION, NEW DELHI – 110 001.**| |**ADDL.**|**5**|**JAYAPRAKASH T.V.,**| |||**A G M (ELEX), AIRPORT AUTHORITIES OF INDIA,**| |||**KOZHICODU-673 501.**| |**ADDL.**|**6**|**SABU P.NEELAKANDAN,**| |||**A G M (ELEX) AAI, COCHIN INTERNATIONAL AIRPORT,**| |||**P O - 683 111**| |**ADDL.**|**7**|**GEETHA K K,**| |||**A G M (ELEX) AAI, TRIVANDRUM AIRPORT - 695 008.**| |**ADDL.**|**8**|**VENU T.,**| |||**A G M (ELEX) AAI, TRIVANDRUM AIRPORT - 695 008.**| |||**ADDL.R5 TO R8 IMPLEADED AS PER ORDER DATED**| |||**28/3/19 IN I.A.NO.1/19.**| |**ADDL.**|**9**|**NOUNDRU PURUSHATHAM**| |||**DGM (CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**VIZAKAPATTANAM AIRPORT-530 009, ANDHRA.**| |**ADDL.**|**10**|**KOLUTI SRINIVAS RAO**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**BANGALORE INTL.AIRPORT, KARNATAKA.**| |**ADDL.**|**11**|**VIRENDRA K SOLANKI**| |||**DGM (CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**SVP INT. AIRPORT, AHEMADABAD – 380 003, GUJARAT.**| |**ADDL.**|**12**|**SURESH BHALSE**| |||**DGM (CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**CIVIL AERODROME, SURAT – 394 550, MAHARASHTRA.**| WP(C).No.7374 OF 2019(V) -: 4 :- |**ADDL.**|**13**|**KESHAB SARKAR**| |---|---|---| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**CIVIL AERODROME, RAJKOT-360 006, GUJRAT.**| |**ADDL.**|**14**|**SAKA GANESWARA RAO**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**VIZAKAPATTANAM AIRPORT - 530009, ANDHRA.**| |**ADDL.**|**15**|**RAJ KUMAR**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**CHQ(CNS-P)-1, RAJIV GANDHI BHAVAN,**| |||**SAFDARJUNG AIRPORT.P.O, NEW DELHI - 110003.**| |**ADDL.**|**16**|**K.B.M.LATHA**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**NAGPUR AIRPORT, NAGPUR, MAHARASHTRA.**| |**ADDL.**|**17**|**NOELINE VIMALY,**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**COIMBATORE AIRPORT - 641 014, TAMIL NADU.**| |**ADDL.**|**18**|**MURALEEDHARAN.B**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**MANGALORE AIRPORT, KENJAR BAJPE,**| |||**MANGALORE – 574 142, KARNATAKA.**| |**ADDL.**|**19**|**DEBASHIS BISWAS,**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**GOA INTERNATIONAL AIRPORT, DABOLIM,**| |||**GOA – 403 801.**| |**ADDL.**|**20**|**PRASANTH KUMAR MAZUMDAR,**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**GUWAHATI INTERNATIONAL AIRPORT, GUWAHATI.**| |**ADDL.**|**21**|**PURENDU KUMAR BISWAS,**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**MUMBAI INTL. AIRPORT, MUMBAI, MAHARASTRA.**| |**ADDL.**|**22**|**KISHORE KUMAR LAHRE,**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**GUWAHATI INTL. AIRPORT, GUWAHATI.**| |***ADDL.**|**23**|**VIJAY BAHADUR (DELETED)**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA, A.A.I,**| |||**CATFM, VASANTH KUNJ, NEW DELHI.**| WP(C).No.7374 OF 2019(V) -: 5 :- |**ADDL.**|**24**|**VIJAY BABURAO KORDE,**| |---|---|---| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**BHAVNAGAR AIRPORT, BHAVNAGAR - 364 001,**| |||**GUJRAT STATE.**| |**ADDL.**|**25**|**AHYLYA SK.,**| |||**AIRPORT DIRECTOR (DGM-CNS),**| |||**AIRPORTS AUTHORITY OF INDIA, CIVIL ENCLAVE,**| |||**KESHOD AIRPORT, KESHOD, GUJRAT.**| |**ADDL.**|**26**|**SURENDRA KUMAR JIWATODE,**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**GUWAHATI INTL. AIRPORT, GUWAHATI**| |**ADDL.**|**27**|**VAIBHAV S.TANDEL,**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**MUMBAI INTL. AIRPORT, MUMBAI**| |**#ADDL.**|**28**|**SHIVANAND B BENAL,**| |||**AIRPORT DIRECTOR (DGM-CNS),**| |||**AIRPORTS AUTHORITY OF INDIA, HUBLI AIRPORT,**| |||**GOKUL ROAD, KARNATAKA – 580 030**| |||**ADDL.R9 TO R28 IMPLEADED AS PER ORDER DATED**| |||**24/6/19 IN I.A.NO.2/19 IN WP(C)7374/19.**| |||**#ADDL.R28 IS DELETED FROM THE PARTY ARRAY AS**| |||**PER ORDER DATED 25.9.2020 IN I.A.No.3/2020.**| |***ADDL.**|**29**|**SHANKARAPPA (DELETED),**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**SHILLONG AIRPORT, BARAPANI, UMROI,**| |||**MEGHALAYA – 793 103.**| |***ADDL.**|**30**|**G.GOPALAKRISHNAN (DELETED),**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**TIRUCHIRAPPALLI INTERNATIONAL AIRPORT,**| |||**TIRUCHIRAPPALLI, TAMIL NADU – 620 007.**| |***ADDL.**|**31**|**VIJAYA PAL SINGH MEENA (DELETED)**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**GAYA AIRPORT, GAYA, BIHAR – 823 004.**| |***ADDL.**|**32**|**DEVARA CHENCHAIAH (DELETED)**| |||**DGM(CNS), AIRPORT AUTHORITY OF INDIA,**| |||**KAITHAR, BIHAR - 854 105.**| WP(C).No.7374 OF 2019(V) -: 6 :- |***ADDL.**|**33**|**RAJARAM VITTHAL TALPE (DELETED),**| |---|---|---| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**MUMBAI INTERNATIONAL AIRPORT, MUMBAI,**| |||**MAHARASHTRA – 400 099.**| |***ADDL.**|**34**|**RAVINDRA DAMAJI SENDRE (DELETED)**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**BHAVNAGAR AIRPORT, BHAVNAGAR, GUJARAT – 364 001.**| |***ADDL.**|**35**|**D.DOBIKAR VINAYAKRAY (DELETED),**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**MUMBAI INTERNATIONAL AIRPORT, MUMBAI,**| |||**MAHARASHTRA – 400 099.**| |***ADDL.**|**36**|**RATTI TAM MEENA (DELETED)**| |||**DGM(CNS), AIRPORTS AUTHORITY OF INDIA,**| |||**CENTRAL AIR TRAFFIC FLOW MANAGEMENT,**| |||**VASANTH KUNJ, NEW DELHI-110 070.**| |||**ADDL.R29 TO R36 IMPLEAED AS PER ORDER DATED**| |||**16.10.2019 IN IA 3/19 IN W.P.(C) 7374/19.**| |||***ADDL R23 AND R29 TO R36 DELETED FROM THE PARTY**| |||**ARRAY AS PER ORDER DATED 27.01.2020 IN I.A.1/2020**| |||**IN WPC 7374/2019.**| **BY ADV. SRI.V.SANTHARAM BY ADV. SRI.LAKSHMEESH.S.KAMATH BY ADV. SMT.SOWMIAVATHY T.C., CGC R5-16, R19-22 & R24-27 BY ADV.S.SUBHASH CHAND** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-09-2020, THE COURT ON 25-09-2020 DELIVERED THE FOLLOWING:** WP(C).No.7374 OF 2019(V) -: 7 :- ## **JUDGMENT** ## **Dated this the 25th day of September 2020** - This writ petition is filed seeking the following reliefs : - “(i) Call for the records leading to Exhibit P4 order as well as Exhibits P6, P7 and P9 lists and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. - (ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1[st] respondent to prepare a seniority list in accordance with the actual service records and not to consider the officials of Electronics Wing as a separate category for the purpose of fixing seniority. - (iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1[st] respondent to correct the error that has occurred in reckoning departmental promotees in the Electronics category as direct recruits by virtue of the designation they hold. - (iv) Call for the records leading to Exhibits P12, P15 and P16 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.” 2. Heard the learned counsel for the petitioners, the learned Standing Counsel appearing for respondents 1 to 3, the learned Assistant Solicitor General of India appearing for the 4[th] respondent as well as Sri.Subhash Chand, the learned counsel appearing for respondents 5 to 16, 19 to 22 and 24 to 27. WP(C).No.7374 OF 2019(V) -: 8 :- 3. The petitioners, thirteen in number, who claim to be Assistant General Managers working under respondents 1 to 3 challenge the alleged attempt of the respondents to grant promotions to their junior officers overlooking the seniority and experience of the petitioners. It is contended that the petitioners entered service of respondents 1 to 3 as Technical Assistants and Communication Assistants in the erstwhile Civil Aviation Department and National Airports Authority. It is submitted that till 1989, recruitment to the Communications, Navigation and Surveillance cadre as Technical/Communication Assistants continued in the basic cadre. It is stated that in the case of Technical/Communication Officer, Direct Recruitment was there only till the year 1986. It is stated that in the year 1990, a decision was taken by the National Airports Authority to re-designate the posts of Communication and Technical Assistants as Electronic Assistants and the post of Communication and Technical Officers as Electronic Officers. It is stated that no additional post of Electronic Assistant was created and that the newly recruited Electronic Assistants and Electronic Officers were adjusted against the available posts of Technical and Communication Assistants and Technical and WP(C).No.7374 OF 2019(V) -: 9 :- Communication Officers. It is stated that 1:1 ratio of promotions were being implemented between directly recruited candidates and departmentally promoted candidates from the cadre of Electronic Officers. When the list of directly recruited Technical Officer/Communication Officer was exhausted, directly recruited Electronic Officers were considered against the Direct Recruitment quota. It is submitted that departmental promotees in the Electronics cadre have been considered as direct recruits by virtue of their designation and that for the post of AGM to DGM, promotion was effected taking the ratio of 1:1:1 between the Technical Communication and Electronic categories. 4. It is submitted that on 13.12.2011, a draft seniority list of Manager (CNS) was prepared, in which, Electronic Assistants were treated as a separate cadre and the seniority was fixed in the ratio of 1:1:1 between Communication/Technical cadre, Operations cadre and Electronics cadre. It is stated that the draft seniority list was withdrawn by Ext.P2 proceedings on being made aware of the mistake. However, another draft seniority list operating the 1:1:1 ratio was again prepared which was challenged before the High Court of Delhi and Ext.P3 judgment was rendered directing the consideration of the WP(C).No.7374 OF 2019(V) -: 10 :- objections to the list. It is stated that Ext.P4 order was passed on 16.10.2018 justifying the promotions in the ratio of 1:1:1 treating the three wings as separate cadres. It is stated that a finalised seniority list as on 1.1.2015 was also issued as per Ext.P6 following the ratio. It is stated that a provisional seniority list of Assistant General Managers/Senior Managers as on 1.10.2018 was prepared on the same lines as Ext.P6, which is produced as Ext.P7. It is stated that a perusal of Ext.P7 would reveal that the attempt is to grant promotions in the 1:1:1 ratio by treating junior hands in the Electronics wing as a separate cadre. It is stated that all officials in the Electronics wing are departmental promotees and were promoted by treating them as juniors to the officials who had joined in the Technical/ Communication wings. It is therefore contended that the petitioners had submitted representations before the respondents as evidenced by Ext.P8. 5. It is submitted that on 11.2.2019 a new combined seniority list of Assistant General Manager/Senior Manager (Com-T/Com-Ops./Elex) has been published in which also the ratio 1:1:1 is followed. It is submitted that Ext.P10 series of representations had been submitted as against Ext.P9 seniority WP(C).No.7374 OF 2019(V) -: 11 :- list, but, without considering the grievances, Ext.P12 order granting promotion to 21 persons was issued. Thereafter also, representations had been submitted. But, further orders were issued promoting juniors and which led to Ext.P17 series of representations. It is stated that those representations have been forwarded by Ext.P18 order and that the grievance of the petitioners are liable to be considered. 6. The learned counsel for the petitioners submits that the petitioners are senior hands in the cadre of Technical Assistants/ Communication Assistants and that the post to which they were initially appointed had been re-designated as Electronic Assistants. It is stated that all those persons who had been appointed as Electronic Assistants pursuant to Ext.P1 were junior in service to the petitioners and that they had no claim for seniority or promotion in preference to the petitioners who are admitted seniors. It is submitted that for promotion to the post of Deputy General Manager from the post of Assistant General Manager, a ratio of 1:1:1 is being operated between persons belonging to the Technical, Communication and Electronics cadre which grants an undue advantage to the persons belonging to the Electronics cadre who are far juniors to the WP(C).No.7374 OF 2019(V) -: 12 :- petitioners. On these grounds it is contended that the seniority lists and the orders of promotion based thereon, which are impugned herein are liable to be set aside. 7. A detailed counter affidavit has been placed on record by respondents 1 and 2. A preliminary objection has been raised by the learned Standing Counsel appearing for respondents 1 to 3 to the effect that the writ petition is bad for non-joinder of necessary parties and that the writ petition is devoid of all necessary details regarding the petitioners themselves and that such a vague writ petition cannot be considered by this Court. It is contended that the initial prayers in the writ petition being against seniority lists issued in terms of the recruitment and promotion regulations, all those persons, who are included in the seniority lists are necessary parties to the writ petition. It is submitted that the petitioners have chosen to implead only 36 persons in the writ petition and that very many of the party respondents have been deleted from the party array specifically at the risk of the petitioners. 8. It is submitted that in the light of the judgments of the Apex Court as well as this Court, the prayers raised in challenge of seniority lists, without impleading all the persons, who are WP(C).No.7374 OF 2019(V) -: 13 :- likely to be affected by any order which is liable to be passed in the writ petition is not maintainable on the very face of it. It is further stated that the writ petition is devoid of any details including the date of appointment of the petitioners or the specific cadre to which they were appointed. It is contended that the selection and appointment in the posts under respondents 1 to 3 are made as per the Airports Authority of India, Recruitment and Promotion Regulation, 2005 as amended from time to time. It is stated that the ratio of 3:1 for DPC and Direct Recruitment is being followed at Manager (Group A) level. It is stated that the combined seniority list is prepared at the level of AGM with a ratio of 1:1:1 between Technical Communication and Electronic cadre for promotion to DGM as per Ext.R2(a) approval dated 26.10.2004. It is further stated that the judgment of the High Court of Delhi was rendered directing the consideration of the representations/objections submitted to the draft seniority list by the petitioners therein. It is submitted that the petitioners in the writ petition have not raised any objections to the draft seniority list which was under challenge before the High Court of Delhi. It is therefore contended that the petitioners who had not raised any objections WP(C).No.7374 OF 2019(V) -: 14 :- to the draft seniority list at the first available opportunity can have no right to challenge the order passed finalising the seniority list after consideration of the objections raised by those aggrieved by the said draft seniority list. It is further submitted that the later seniority lists are only provisional lists prepared on the basis of the ratio of 1:1:1 which are consequential to Ext.P4 order and Ext.P6 seniority list and that as such, the petitioners who have not even disclosed their date of entry into service have no right to challenge the said seniority lists either. It is further submitted that the further orders of promotion on the basis of the settled seniority also cannot be challenged by the petitioners since the beneficiaries of the said orders are not now on the party array, having been deleted from the party array by the petitioners themselves, at their own risk. 9. The learned Standing Counsel places reliance on the decisions of the Apex Court in **Vijay Kumar Kaul and others** v. **Union of India and others** [(2012) 7 SCC 610] and **Ranjan Kumar and others** v. **State of Bihar and others** [(2014) 16 SCC 187] to contend that belated challenges to seniority are not liable to be considered by this Court and challenge against the WP(C).No.7374 OF 2019(V) -: 15 :- seniority cannot be entertained without the affected parties on the party array. 10. Respondents 5 to 16, 19 to 22 and 24 to 27 have also placed a counter affidavit on record. They support the contentions raised by the official respondents and contend that the writ petition itself is not maintainable. It is stated that there was no re-designation of posts by Ext.P1 order and that the decision to make promotions in the ratio of 1:1:1 between Technical Assistants, Communication Assistants and Electronic Assistants had been taken after due consultation with all unions. It is stated at paragraphs 9 and 10 of the counter affidavit as follows :- “9. The averments contained in paragraphs 4 to 6 of the above writ petition are not fully correct and hence denied. As submitted above, the recruitment of Technical Assistants/Communication Assistants was done away with and Electronics Assistants who were capable of doing the duties of both Technical Assistants and Communication Assistants were recruited. Therefore, Electronics Assistants who were appointed in service pursuant to Exhibit P1 order were treated as a separate class/category in view of the fact that they were appointed in the vacancies of Technical Assistants and Communication Assistants. The said categorization of Technical Assistants, Communication Assistants and Electronics Assistants was recognized pursuant to consensus reached between various Associations including Officers' Association. WP(C).No.7374 OF 2019(V) ## -: 16 :- Separate seniority lists were maintained recognizing the birth of Electronics Stream. The next promotion cadres namely, Assistant Manager, Manager, and Senior Manager also recognized the above categorization of Technical Assistants, Communication Assistants and Electronics Assistants. The said fact is clearly readable in the separate promotion orders to the grade of Manager (Elex), Manager (Tech.) and Manager (Comm.). True copies of the said promotion orders dated 29.04.2008 issued by the Deputy General Manager, Airports Authority of India evidencing promotion to the grade of Manager (Elex), Manager (Tech.) and Manager (Comm.) are produced herewith and marked for identification as ExhibitsR6(a), R6(b) and R6(c) respectively. Similarly, separate promotion orders were issued granting promotion to the grade of Manager (Tech.) and Manager (Elex) by Executive Director (P&A), Airports Authority of India from the cadre of Assistant Manager. True copy of the said order dated 17.06.2006 issued by the Executive Director (P&A) evidencing the said fact is produced herewith and marked for identification as ExhibitR6(d). 10. We most humbly submit that all along from the very inception itself, the management and the staff have recognized three cadres namely Technical, Communication and Electronics and separate seniority lists were maintained for each category. Therefore, there is absolutely no merit in the contention of the petitioners that a combined seniority list ought to have been maintained. The electronics stream was always recognized as a separate stream and the petitioners have taken advantage of the same. Now at this distance of time, they cannot turn around and command respondent Nos.1 to 3 to retract and go back to the inception of three cadres pursuant to Exhibit-P1 order. The above cadres fall within the ambit of DPC promotions and all those promotions have to be unsettled for WP(C).No.7374 OF 2019(V) ## -: 17 :- the purpose of accepting the plea of the petitioners and the same is not only impermissible in law but also untenable. The contention of the petitioners that officials in the electronics wing should not be considered as a separate cadre since there were no sanctioned post in that wing is absolutely baseless and fallacious. As readable in Exhibit P1 order, the recruitment as Technical Assistant/Communication Assistant was stopped and recruitment of Electronics Assistant was begun. The said recruitment was against sanctioned vacancies and the contentions to the contrary are illegal and hence denied. On consensus, from the year 1990 onwards Technical Assistant/Communication Assistant who were already in service were retained as such as Technical Assistant/Communication Assistant. Another new cadre of Electronics Assistant who were appointed in the vacancies for performing the duties of Technical Assistant and Communication Assistant was created.” The learned counsel for the contesting respondents also places reliance on a decision of the Division Bench of this Court in **Khadarkunju B. and another** v. **A. Surendran and others** [2015 KHC 188] to contend that where a seniority list is challenged and the persons included in the said list are definite and certain, impleading of some of them in a representative capacity is also not sufficient and all those persons who are likely to be affected by orders to be passed by the court are liable to be impleaded as party respondents. WP(C).No.7374 OF 2019(V) -: 18 :- 11. Reply affidavits have been filed by the petitioners as against separate counter affidavits filed by respondents 1 and 2 as also the counter affidavit filed on behalf of the contesting respondents 5 to 16, 19 to 22 and 24 to 27. It is contended that the only question to be adjudicated is whether undeserving promotions can be granted to a group of persons solely for the reason that they are holding a post with a nomenclature as Manager Electronics and whether juniors can be permitted to steal a march over the admitted seniors. It is contended that Exts.P6, P7 and P9 seniority lists contain the names of hundreds of persons, who are working in various parts of the country and as such, it is virtually impossible to bring all those persons into the party array as respondents. It is stated that several persons have been arrayed as respondents in a representative capacity and the persons benefiting from the illegal promotions have also been impleaded as additional respondents. 12. I have considered the contentions advanced. I notice that apart from stating that the petitioners had been appointed as Communication/Technical Assistants, no details of their dates of appointment is available in the pleadings in the writ petition. The respondents contend in the counter affidavits that the WP(C).No.7374 OF 2019(V) -: 19 :- petitioners have not raised any objection to the provisional seniority lists which were under challenge before the High Court of Delhi. This aspect is not denied in the reply affidavit. The adverse decisions taken by the Man Power Advisory Board allegedly after consultation with the employees have not been subjected to challenge on the ground that they are violative of the Regulations or on any other ground. The main prayers are against the settling of the seniority by implementing the ratio of 1:1:1. In the absence of any objection raised by the petitioners to the ratio in the cadres up to the post of AGM, I am of the opinion that the petitioners cannot challenge the resultant seniority lists, that too, without impleading all the persons included in the seniority list, at least who are stated to be the petitioners' juniors, in the writ petition. Though the learned counsel for the petitioners submits that the petitioners had impleaded some of their juniors in the writ petition, there is no pleading in the writ petition that the party respondents are impleaded in their representative capacity and no effort has also been taken to take out notice by any means known to law to the other persons who may be affected by the orders to be passed. WP(C).No.7374 OF 2019(V) -: 20 :- 13. The question whether such a service of notice would be sufficient is itself doubtful in view of the various decisions of the Apex Court, which have been referred to by the Division of Bench of this Court in **Khadarkunju B. and another's case** cited supra **.** It is also pertinent to note that the persons, who are the beneficiaries of the promotion orders sought to be challenged by the petitioners are also conspicuously absent in the party array, having been deleted from the party array by the petitioners at their own risk. In any view of the matter, the persons whose promotions are sought to be quashed have to be specifically made parties to the writ petition, in the absence of which, such a prayer cannot be considered by this Court. In the above factual situation, I am of the opinion that the prayers sought for in the writ petition cannot be granted. The writ petition fails and the same is accordingly dismissed. **Sd/ANU SIVARAMAN JUDGE** Jvt/17.9.2020 WP(C).No.7374 OF 2019(V) ## -: 21 :- ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION NO.A.23020/1/90-EC(A)PT.1 DATED 5/12/1990 OF THE NATIONAL AIRPORTS AUTHORITY.** - **EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION NO.A.23011/10/2010-EC DATED 30/12/2011.** - **EXHIBIT P3 THE TRUE COPY OF THE COMMON JUDGMENT DATED 28/5/2018 IN W.P.(C) NO.7080 OF 2016.** - **EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.C.18011/01/2018EC DATED 16/10/2018.** - **EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION DATED 17/10/2018 ISSUED BY THE AIRPORTS AUTHORITY OFFICERS ASSOCIATION (INDIA).** **EXHIBIT P5(a) THE TRUE COPY OF THE LETTER DATED 17/10/2018 ISSUED BY AERONAUTICAL COMMUNICATION OFFICERS' ASSOCIATION.** - **EXHIBIT P6 THE TRUE COPY OF THE FINALIZED COMBINED SENIORITY LIST DATED 18/10/2018 AS ON 1/1/2015.** - **EXHIBIT P7 THE TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF AGM/SM AS ON 1/10/2018.** - **EXHIBIT P8 THE TRUE COPY OF ONE SUCH REPRESENTATION DATED 6/2/2019 SUBMITTED BY THE 5TH PETITIONER THROUGH PROPER CHANNEL.** - **EXHIBIT P9 THE DRAFT COMBINED SENIORITY LIST DATED 11/2/2019 ISSUED BY AAI.** - **EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 1ST PETITIONER.** - **EXHIBIT P10(a) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 2ND PETITIONER.** - **EXHIBIT P10(b) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 3RD PETITIONER.** - **EXHIBIT P10(c) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 4TH PETITIONER.** WP(C).No.7374 OF 2019(V) ## -: 22 :- **EXHIBIT P10(d) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 5TH PETITIONER.** **EXHIBIT P10(e) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 6TH PETITIONER.** - **EXHIBIT P10(f) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 7TH PETITIONER.** - **EXHIBIT P10(g) THE TRUE COPY OF THE REPRESENTATION DATED 26/2/2019 SUBMITTED BY THE 8TH PETITIONER.** - **EXHIBIT P10(h) THE TRUE COPY OF THE REPRESENTATION DATED 26/2/2019 SUBMITTED BY THE 9TH PETITIONER.** - **EXHIBIT P10(i) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 10TH PETITIONER.** - **EXHIBIT P10(j) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 11TH PETITIONER.** - **EXHIBIT P10(k) THE TRUE COPY OF THE REPRESENTATION DATED 25/2/2019 SUBMITTED BY THE 12TH PETITIONER.** - **EXHIBIT P10(l) THE TRUE COPY OF THE REPRESENTATION DATED 26/2/2019 SUBMITTED BY THE 13TH PETITIONER.** - **EXHIBIT P11 THE TRUE COPY OF THE COMMUNICATION OF THE JOINT GENERAL MANAGER, AAI DATED 28/2/2019 FORWARDING THE ABOVE REFERRED REPRESENTATIONS SUBMITTED BY 9 PETITIONERS WORKING AT THIRUVANANTHAPURAM AIRPORT.** - **EXHIBIT P11(a) THE TRUE COPY OF THE COMMUNICATION OF THE JOINT GENERAL MANAGER, AAI DSTED 28/2/2019 FORWARDING THE ABOVE REFERRED REPRESENTATIONS SUBMITTED BY 4 PETITIONERS WORKING AT COCHIN INTERNATIONAL AIRPORT.** - **EXHIBIT P12 THE TRUE COPY OF THE ORDER NO.F.NO.A.32013/68/2019-DPC(ANS) DATED 25/04/2019 GRANTING PROMOTIONS TO 21 PERSONS OVERLOOKING THE SENIORITY OF THE PETITIONERS.** **EXHIBIT P13 THE TRUE COPY OF THE REPRESENTATION DATED 09/06/2019 SUBMITTED BY THE 1ST PETITIONER.** - **EXHIBIT P13(a) THE TRUE COPY OF THE REPRESENTATION DATED 09/06/2019 SUBMITTED BY THE 2ND PETITIONER.** WP(C).No.7374 OF 2019(V) -: 23 :- **EXHIBIT P13(b) THE TRUE COPY OF THE REPRESENTATION DATED 14/06/2019 SUBMITTED BY THE 3RD PETITIONER. EXHIBIT P13(c) THE TRUE COPY OF THE REPRESENTATION DATED 09/06/2019 SUBMITTED BY THE 4TH PETITIONER. EXHIBIT P13(d) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 5TH PETITIONER. EXHIBIT P13(e) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 6TH PETITIONER. EXHIBIT P13(f) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 7TH PETITIONER. EXHIBIT P13(g) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 8TH PETITIONER. EXHIBIT P13(h) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 9TH PETITIONER. EXHIBIT P13(i) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 10TH PETITIONER. EXHIBIT P13(j) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 11TH PETITIONER. EXHIBIT P13(k) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 12TH PETITIONER. EXHIBIT P13(l) THE TRUE COPY OF THE REPRESENTATION DATED 11/06/2019 SUBMITTED BY THE 13TH PETITIONER. EXHIBIT P14 THE TRUE COPY OF THE COMMUNICATION OF THE GENERAL MANAGER, AAI DATED 13/06/2019 FORWARDING THE REPRESENTATIONS OF THE 1ST AND 2ND PETITIONERS. EXHIBIT P14(a) THE TRUE COPY OF THE COMMUNICATION OF THE GENERAL MANAGER, AAI DATED 17/06/2019 FORWARDING THE REPRESENTATIONS OF THE 3RD PETITIONER. EXHIBIT P14(b) THE TRUE COPY OF THE COMMUNICATION OF THE GENERAL MANAGER, AAI DATED 14/06/2019 FORWARDING THE REPRESENTATIONS OF THE 4TH PETITIONER. EXHIBIT P14(c) THE TRUE COPY OF THE COMMUNICATION OF THE GENERAL MANAGER, AAI DATED 12/06/2019** WP(C).No.7374 OF 2019(V) -: 24 :- ## **FORWARDING THE REPRESENTATIONS OF THE PETITIONERS 5 TO 13.** **EXHIBIT P15 THE TRUE COPY OF THE ORDER NO.F.NO.A32013/68/2019-DPC(ANS) DATED 28/06/2019 GRANTING PROMOTION TO 7 PERSONS OVERLOOKING THE SENIORITY OF THE PETITIONERS.** **EXHIBIT P16 THE TRUE COPY OF THE ORDER NO.F.NO.A32013/68/2019-DPC(ANS) PART 1 DATED 17/07/2019 GRANTING PROMOTION TO 1 PERSON OVERLOOKING THE SENIORITY OF THE PETITIONERS. EXHIBIT P17 THE TRUE COPY OF THE REPRESENTATION DATED 19/09/2019 SUBMITTED BY THE 1ST PETITIONER. EXHIBIT P17(a) THE TRUE COPY OF THE REPRESENTATION DATED 19/09/2019 SUBMITTED BY THE 2ND PETITIONER. EXHIBIT P17(b) THE TRUE COPY OF THE REPRESENTATION DATED 23/09/2019 SUBMITTED BY THE 3RD PETITIONER. EXHIBIT P17(c) THE TRUE COPY OF THE REPRESENTATION DATED 19/09/2019 SUBMITTED BY THE 4TH PETITIONER. EXHIBIT P17(d) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 5TH PETITIONER. EXHIBIT P17(e) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 6TH PETITIONER. EXHIBIT P17(f) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 7TH PETITIONER. EXHIBIT P17(g) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 8TH PETITIONER. EXHIBIT P17(h) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 9TH PETITIONER. EXHIBIT P17(i) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 1OTH PETITIONER. EXHIBIT P17(j) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 11TH PETITIONER. EXHIBIT P17(k) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 12TH PETITIONER. EXHIBIT P17(l) THE TRUE COPY OF THE REPRESENTATION DATED 20/09/2019 SUBMITTED BY THE 13TH PETITIONER.** WP(C).No.7374 OF 2019(V) -: 25 :- **EXHIBIT P18 THE TRUE COPY OF THE COMMUNICATION OF THE JOINT GENERAL MANAGER, AAI DATED 23/09/2019 FORWARDING THE REPRESENTATIONS OF THE PETITIONERS 5 TO 13. EXHIBIT P19 TRUE COPY OF THE APPOINTMENT ORDER DATED 12.11.1990 ISSUED TO ONE SMT.K S NEEMA AS ELECTRONIC ASSISTANT WITH TYPED COPY. RESPONDENT'S EXHIBITS:** |**EXHIBIT R6(a)**|**TRUE COPY OF THE PROMOTION ORDERS DATED**| |---|---| ||**29.4.2008 ISSUED BY THE DEPUTY GENERAL MANAGER,**| ||**AIRPORTS AUTHORITY OF INDIA EVIDENCING**| ||**PROMOTION TO THE GRADE OF MANAGER(ELEX)**| |**EXHIBIT R6(b)**|**TRUE COPY OF THE PROMOTION ORDERS DATED**| ||**29.4.2008 ISSUED BY THE DEPUTY GENERAL MANAGER,**| ||**AIRPORTS AUTHORITY OF INDIA EVIDENCING**| ||**PROMOTION TO THE GRADE OF MANAGER(TECH)**| |**EXHIBIT R6(c)**|**TRUE COPY OF THE PROMOTION ORDERS DATED**| ||**29.4.2008 ISSUED BY THE DEPUTY GENERAL MANAGER,**| ||**AIRPORTS AUTHORITY OF INDIA EVIDENCING**| ||**PROMOTION TO THE GRADE OF MANAGER(COMM)**| |**EXHIBIT R6(d)**|**TRUE COPY OF THE ORDER DATED 17.6.2006 ISSUED**| ||**BY THE EXECUTIVE DIRECTOR (P&A) AIRPORTS**| ||**AUTHORITY OF INDIA**| |**EXHIBIT R2(a)**|**TRUE COPY OF THE APPROVAL DATED 26.10.2004**| ||**ISSUED BY CHQ OF AAI, NEW DELHI.**| |**EXHIBIT R2(b)**|**TRUE COPY OF THE SENIORITY LIST ALONG WITH**| ||**LETTER No.A 23011/2/2001-EC DATED 23.12.2004.**| |**EXHIBIT R2(c)**|**TRUE COPY OF THE MINUTES OF THE MANPOWER**| ||**ADVISORY BOARD MEETING DATED 29.12.2011.**| //TRUE COPY// P.A. TO JUDGE