IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  W.P.(C) 22526/2005
  
  CAPT.SHAKTI LUMBA ..... Petitioner
  
  
  
  Through Mr. Rathore Dwivedi, Sr. Adv. with
  Ms. Shruti Mahendru, Adv.
  
  
versus
  
  INDIAN AIRLINES LTD. and ORS. ..... Respondent
  Through Mr. Lalit Bhasin, Adv.
  
  CORAM:
   HON'BLE MR. JUSTICE S.RAVINDRA BHAT
  
   O R D E R
   19.12.2005
  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
  Contd..2..
  : 2 :
  directives of the Director General Civil Aviation, can be suitably waived. It
  is, therefore, stated that the Petitioner's resignation would be immediately
  effective.
  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.?
  
  
  
  
  Contd...3...
  : 3 :
  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
  m
  
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