Airports Authority of India v. W.Morris Romel Roy & Ors

SUDHIR KUMAR JAIN, J

NAJMI WAZIRI, J

JANUARY 27, 2023 sk/sd

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: January 27, 2023 + AIRPORTS AUTHORITY OF INDIA ..... Appellant Through: Mr. K.K. Rai, Sr. Advocate with Mr. Digvijay Rai, Mr. Anshul Rai, Ms. Sreoshi Chatterjee, Mr. Archit Mishra, Advocates with Mr. V. Gupta, Sr. Manager, (Law)/AAI. versus W.MORRIS ROMEL ROY & ORS ..... Respondents Through: Mr. Amit Chadha, Mr. Atin Chadha, Ms. Munisha Chadha, Mr. Deevanshu Sharma, Mr. Tarun Walia, Advocates with the respondents in person. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN SUDHIR KUMAR JAIN J. (ORAL) The hearing has been conducted through hybrid mode (physical and virtual hearing). 1. The present LPA is filed to impugn the final judgment and order dated 28.11.2013 passed by the learned Single Judge in W.P.(C) 3398/2013 and order dated 04.07.2014 passed in review petition bearing no. 299/2014. 2. The respondents filed the writ petition bearing no. 3398/2013 for seeking declaration of the result by finalising the merit list of the selection process for departmental promotion for the post of Junior Executive (HR) which were 22 in number in respect of which the selection process took place. 3. The appellant initiated the selection process for filling up of 22 posts of Junior Executive (HR) by promotion in the year 2011. The appellant vide circular dated 20.06.2011 invited applications from eligible candidates those who were M.B.A. graduate and having secured at least 60% marks in graduation. The circular dated 20.06.2011 was supplemented with another circular dated 05.07.2011 and vide the latter candidates who were having degree in M.A. with Personnel Management or equivalent, were also invited in addition to M.B.A. graduates. The last date of submission of the applications was extended to 25.07.2011. The respondents have applied to the post and were called in the selection process. The respondents appeared in the examination before they had been called for interviews. The interviews for the different zones had been fixed on different dates. 4. The appellant took out another circular on 11.01.2013 whereby the probationers who had completed their probation period till the date of interviews were also considered as eligible candidates for being appointed to the post of Junior Executive (HR). Due to this, some of the probationers were stated to be qualified in the selection process for the appointment to the post of Junior Executive (HR) by promotion. The circular dated 11.01.2013 reads as under :- Reference is invited to this office letter of even No./1265 dated 31.12.2012 and subsequent letter of even number addressed to RED-ER dated 02.01.2013, intimating the list of ineligible candidates for appearing in the interview for departmental examination for the post of Jr. executive (HR). 2. In this regard, it is intimated that the Competent Authority has reviewed the matter and after due deliberation it has been decided to allow the following category of candidates to appear in the interview for the said post (as per schedule noted in para 3 below). (i) Such candidates who have successfully completed their probation period by the interview date and have also passed the written test; and (ii) Those candidates who have acquire the requisite qualification by the interview date and have also passed the written test. 3. In view of the above, the candidates whose names are appearing in the enclosed annexure may be informed to attend the interview at CHQ, Rajiv Gandhi Bhawan, New Delhi on 23.01.2013 at 1000 hrs. The candidates may also be advised to bring all original certificates for the purpose. 4. The candidates may be relieved well in time to attend the interview at CHQ as per above schedule. TA/DA would be admissible as per rules. 5. The respondents being aggrieved on account of change of the Rules by entitling probationers for being considered for promotion in the selection process vide circular dated 11.01.2013 and as there was no finalization of