IN THE HIGH COURT OF DELHI AT NEW DELHI
CAPT.SHAKTI LUMBA ..... Petitioner
Through Mr. Rathore Dwivedi, Sr. Adv. with
Ms. Shruti Mahendru, Adv.
INDIAN AIRLINES LTD. and ORS. ..... Respondent
Through Mr. Lalit Bhasin, Adv.
HON'BLE MR. JUSTICE S.RAVINDRA BHAT
O R D E R
1. Issue notice. Mr. Bhasin waives notice; with consent of counsel for
parties, the petition was taken up for disposal.
2. The Petitioner had approached this Court for quashing of order in
respect of a charge sheet issued on 19.10.2005 and a consequential order dated
24.10.2005 by which his request for waiver of notice period for voluntary
retirement made on 1.8.2005 was declined.
3. When the petition was listed for preliminary hearing on 25.11.2005 the
parties were directed to explore the possibility of an amicable solution to the
disputes. However, time was granted on 12.12.2005.
4. Mr. Lalit Bhasin, appearing for the Respondent Indian Airlines, states
that the Petitioner's request for voluntary retirement can be construed as a
request for resignation and that he has instructions to submit that the notice
period for resignation, as per regulations applicable to the Indian
Airlines and also as per the
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directives of the Director General Civil Aviation, can be suitably waived. It
is, therefore, stated that the Petitioner's resignation would be immediately
5. Mr. Dwivedi, learned senior counsel appearing on behalf of the
Petitioner, on instructions from the Petitioner, who is present in Court, states
that course of action indicated on behalf of the Indian Airlines is acceptable.
Mr. Dwivedi however submits that the issuance of no objection certificate would
still remain unresolved. He endeavoured to submit that by virtue of DGCA
circular it is likely that the Petitioner would face some difficulty in the
absence of no objection certificate.
6. I have seen Regulations 12-B and 13-B of the Indian Airlines
Regulations and also letter of Indian Airlines dated 28.9.1995 construing the
DGCA, circulars and the circular dated 27.10.2005 issued by the DGCA which is to
the following effect :
?In this context, your attention is invited to Para 3.5 of the CAR on
the subject Section 7, Series `X', Part II, wherein notice period of six months
may be reduced if the Airlines employing them provides a No Objection
Certificate and accepts their resignations earlier than six months. It is,
therefore, considered that once the Airlines accepts the resignation earlier
than six months, the Airlines do not require the services of such Pilots.
In another typical case, an Indian Airlines Pilot, who had sought
voluntary retirement under the appropriate clause of Indian Airlines Service
Regulation, has referred to this Office that the aforesaid CAR for notice period
has been applied in his case also. This office is of the view that resignation
by an individual and retirement as per the Service Regulations in vogue of the
employer, are totally different and that the subject CAR is not applicable in
cases of retirement.?
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7. In view of the above, the Petitioner would not have to encounter any
difficulty in the event he chooses to apply for alternative employment.
However, if there is any impediment, he shall approach the Indian Airlines. Mr.
Bhasin states that in such an event the requisite no objection certificate would
be issued within one week from the receipt of request from the Petitioner.
8. The writ petition is accordingly disposed off in terms of the above
submissions and directions. No costs.
S.RAVINDRA BHAT, J
DECEMBER 19, 2005