R. V. Raveendran, J. - (1.) The appellant is the successor of Indian Airlines Ltd. (for short 'IAL'). On 12.9.1966 the respondent joined IAL as a Security Assistant. His work was unsatisfactory and several warnings and minor punishments were given for insubordination, indiscipline, negligence, sleeping on duty etc. He was also chargesheeted in regard to the repeated acts of misconduct and was imposed the punishment of demotion to the post of Chowkidar on 26.5.1971. Even thereafter his service was unsatisfactory resulting in several reprimands and warnings. He was however again appointed as Security Assistant with effect from 17.8.1990, in the normal process of recruitment, under internal selection. He was also given the benefit of a time bound promotion on 6.7.1998. When he attained the age of 55 years his case was reviewed under Rule 12 of Indian Airlines Employees Service Regulations to consider whether he should be continued in service beyond the age of 55 years. In view of the unsatisfactory service record, on review, the Regional Director (South), IAL, who was the competent authority, issued a notice dated 11.5.1998 proposing to retire him from service with effect from 10.8.1998 under Regulation 12. The said letter referred to the poor performance and unauthorized absence in the years 1994 to 1997.
(2.) The respondent gave a representation dated 18.5.1998 admitting absenteeism but offered an explanation that it was on account of family reasons. He requested that he may be continued in service assuring satisfactory service in future. The competent authority was not satisfied with the explanation. Therefore by letter dated 15.7.1998 he communicated his decision to retire the respondent from service as at the close of work on 10.8.1998. Thereafter the respondent sought a personal interview with the competent authority and made a fervent appeal to reconsider his case assuring that he will not give room for any complaint in future. In view of it, the competent authority sent a letter dated 8.8.1998 stating that respondent will be continued in service for a specific period of one year, beyond 55 years, and that retention beyond one year would be subject to the outcome of review that will be carried out after monitoring his attendance and performance closely.
(3.) However, the respondent's service continued to be unsatisfactory and his unauthorized absences continued. A show-cause notice dated 27.5.1999 was issued by the competent authority proposing to retire him from service at the close of work on 26.8.1999. The show cause notice referred to the unsatisfactory service and unauthorised absence for 20 days during the extended period of service. Respondent sent a reply dated 14.6.1999 wherein he admitted his unauthorised absence from time to time and again gave the reason as advanced age and ill-health of himself and his wife. He again assured that he will not give room for any complaint, if continued in service. After considering the same, the competent authority passed an order dated 22.6.1999 compulsorily retiring the respondent as at the close of work on 26.8.1999.;