- (1.) Civil Appeal No. 845 of 1999 is against a judgment dated 3rd November, 1997 passed by the High Court of Punjab and Haryana. Civil Appeal No. 389 of 2000 is against a judgment dated 15th March, 1999 passed by the High Court of Rajasthan at Jodhpur.
(2.) Even though these two appeals arise from two separate judgments from two different High Courts they are being disposed of by this common judgment as the point involved is same. Both these cases concern promotion of the respondents (therein) from the rank of Flight Engineer -II to the rank of Flight Engineer -I.
(3.) It is an admitted position that Air Force Instructions 19/62 would apply. The relevant paragraphs of the Air Force Instructions 19/62 are as follows: "(1) Terms and Conditions of Service for Air Crew Category of Flight Engineers. In future the following terms and conditions of service will be applicable to the permanent Air Crew Category of Flight Engineer. XXX XXX XXX (3) The status of Flight Engineers compared with Ground Tradesmen will be as below: Flight Engineer U/t Substantive rank is ground trade Flight Engineer III Corporal Flight Engineer II Sergeant Flight Engineer I Flight Sergeant Warrant Flight Engineer Warrant Officer Master Flight Engineer Master Warrant Officer xxx xxx xxx (9) Training - Airmen under training will be knows as Flight Engineers U/t. Training will consist of such prescribed course of instruction as laid down by Air Headquarters from time to time. XXX XXX XXX (10) Period of probations for the first six months as Flight Engineers III. . . will be treated as on probations. At the end of the probationary period :- a) Airman desirous of reverting to their basic trades will be given the option to do so. b) Airman found unsuitable for retention as Air Crew will be reverted to their basic trades. c) All others will be absorbed in the Air Crew Category on permanent basis. Airmen reverted to their basic trade at the end of the probationary period will be governed by the rules and regulations applicable to their ground trade.;