- (1.) Civil Appeal No.1434 of 2008 seeks to challenge the judgment and order dated 07.02.2006 passed by the High Court of Delhi in LPA Nos.21 of 1999 and 314 of 2000 as well as the order dated 02.06.2006 in Review Application No.209 of 2006 arising from said judgment and order dated 07.02.2006 in so far as LPA No.314 of 2000 was concerned. Civil Appeal No.1435 of 2008 seeks to challenge the order dated 05.05.2006 passed by the High Court of Delhi in Review Application No.161 of 2006 arising out of the judgment and order dated 07.02.2006 in so far as LPA No.21 of 1999 was concerned. Since both these appeals arise out of the same proceedings they are being dealt with and disposed of by this common judgment.
(2.) The appellant was appointed as Assistant Aerodrome Officer with Director General Civil Aviation ("DGCA" for short) on 04.03.1974 and was promoted to the post of Aerodrome Officer in 1980. He was transferred to Leh by order dated 23.05.1985 but said transfer could not take place as proper accommodation was not available at Leh and the appellant continued to be stationed at Delhi. In the year 1985, the National Airport Authority Act, 1985 (Act 64 of 1985) was enacted which came into operation w.e.f. 07.12.1985 (hereinafter referred to as the Act). The Act provided for establishment of an authority namely National Airport Authority ("NAA" for short) for the management of Aerodromes and Civil Enclaves whereat domestic Air Transport Services are operated or intended to be operated and for management of all communication stations and matters connected therewith. Section 13(3) of the Act which is relevant for our purposes is quoted hereunder :- "13. Transfer of assets and liabilities of the Central Government to the Authority- .. (3) Every employee holding any office under the Director-General of Civil Aviation immediately before the commencement of this Act solely or mainly for or in connection with such affairs of the Directorate-General of Civil Aviation as are relevant to the functions of the Authority under this Act as may be determined by the Central Government shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Authority had not been constituted and shall continue to do so until the Authority duly absorbs such employee in its regular service. Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay the Central Government in respect of every such employee, such contribution towards his leave, salary, pension and gratuity as the Central Government may, by order, determine: Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in his regular service, intimated within such time as may be specified in this behalf by the Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority."
(3.) The record indicates that NAA was established w.e.f. 01.06.1986 and the employees holding office under the DGCA as described in Section 13(3) of the Act were en masse sent on deputation to NAA. On 31.03.1986 the appellant had written to the DGCA stating that he would like to continue his services in the office of the DGCA. Immediately upon establishment of NAA, the appellant again wrote to the DGCA on 04.06.1986 stating that he did not wish to join NAA and his services be retained with the DGCA.;