K A ANSARI Vs. INDIAN AIRLINES LTD
LAWS(SC)-2008-11-164
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on November 28,2008

K A ANSARI Appellant
VERSUS
INDIAN AIRLINES LTD Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This appeal is directed against two common orders, dated 21st November, 2005, passed by the High Court of Delhi at New Delhi in L.P.A. Nos. 1135 and 1136 of 2005. By the impugned orders, the High Court has allowed the appeals, preferred by the Indian Airlines Limited, the sole respondent in this appeal, against the order passed by a learned Single Judge of the High Court in the miscellaneous application filed by the first appellant herein, seeking clarification of the final judgment rendered by the learned Single Judge on 11th October, 2004. The Division Bench has held that after disposal of the writ petitions, miscellaneous application was not maintainable and, hence order dated 4th March, 2005 on the said application was without jurisdiction.
(3.) In order to appreciate the controversy, it would be necessary to recapitulate the background facts, stated in detail by the learned Single Judge. These are as follows: The appellants were appointed as Field Officers by the Government of India, Ministry of Agriculture, Directorate of Agricultural Aviation in the years 1978 and 1979. On 24th July, 1987, they were transferred under the administrative control of the Ministry of Civil Aviation. M/s Vayudoot Limited (for short 'Vayudoot'), a public sector undertaking, was incorporated in the year 1981. In the year 1988, the assets of the Directorate of Agricultural Aviation were transferred to Vayudoot. As a result thereof, the services of the officers of Directorate of Civil Aviation were placed at the disposal of Vayudoot, on deputation. The deputation was on same terms and conditions including pay and allowances as were being received by the appellants under the Ministry of Civil Aviation.;


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