IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 15806 of 2008(F) -------------------------- PETITIONER: ------------ GOPAL KRISHAN, ASST.GENERAL MANAGER (ENGG - ELECT.) TRIVANDRUM AIRPORT PROJECT, CHACKAI PROJECT OFFICE, TRIVANDRUM AIRPORT, TRIVANDRUM. R/AT NAVADEEP, G - 11, ANUPAMA LANE, RISHIMANGALAM, VANCHIYOOR, PATTOOR, TRIVANDRUM, KERALA 695 035. BY ADV. DR.K.P.KYLASANATHA PILLAY SMT.V.J.SAFEENA SMT.SREEDEVI KYLASANATH RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF CIVIL AVIATION, RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT, NEW DELHI 110 003. 2. AIRPORT AUTHORITY OF INDIA, REPRESENTED BY THE CHAIRMAN, RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT, NEW DELHI 110 003. 3. THE MEMBER (PLANNING) AIRPORT AUTHORITY OF INDIA, CORPORATE HEADQUARTERS, RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT, NEW DELHI 110 003. 4. THE MEMBER (P & A) AIRPORT AUTHORITY OF INDIA, CORPORATE HEADQUARTERS, RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT, NEW DELHI 110 003. 5. SHRI.P.N.PANDEY, JOINT GENERAL MANAGER (ENGG - ELECT) 502 & 504 - A/B SILVER LINE CO-OPERATIVE HOUSING SOCIETY LTD., J.B.NAGAR, ANDHERI EAST, MUMBAI. WP(C).No. 15806 of 2008 -2- 6. SHRI.S.C.SHARMA, REGIONAL EXECUTIVE DIRECTOR, LOKPRIYA GOPINATH BORDOLOI, INTERNATIONAL AIRPORT, GOWAHATI - 781 015 (FORMERLY GENERAL MANAGER) AIRPORT AUTHORITY OF INDIA, CORPORATE HEADQUARTERS, RAJIVGANDHI BHAVAN, SAFDARJUNG AIRPORT, NEW DELHI 110 003. 7. SHRI.C.P.CHANDANA, ASSISTANT GENERAL MANAGER (DY.GENERAL MANAGER DESIGNATE) AAI/MIAL, TERMINAL 1 - B, MUMBAI AIRPORT, MUMBAI. 8. SHRI.M.LAKRA, ASSISTANT GENERAL MANAGER (DY.GENERAL MANAGER DESIGNATE) AAI/MIAL, TERMINAL 1 - B., MUMBAI AIRPORT, MUMBAI. 9. SHRI.S.N.DAS, ASSISTANT GENERAL MANAGER (DY.GENERAL MANAGER DESIGNATE) AAI/DIAL, INTERNATIONAL CARGO COMPLEX, INDIRA GANDHI INTERNATIONAL AIRPORT, NEW DELHI. 10. GENERAL MANAGER, AAI, TRIVANDRUM AIRPORT PROJECT, TRIVANDRUM AIRPORT - 695 008. BY ADV. SRI.K.L.NARASIMHAN FOR 2-4 & 10 SRI.V.SANTHARAM FOR R2-4 & 10 ASG. SRI. P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).15806/2008 -------------------- Dated this the 2nd day of June, 2008 JUDGMENT Two aspects are highlighted by the petitioner in this writ petition. One relates to the denial of his promotion to the post of Deputy General Manager (Engineering- Electrical). The said post is a selection post and the DPC is to consider the eligible persons. Apparently, the petitioner has been superceded. 2. Second aspect relates to the shifting of the petitioner from the Airport Project Wing to the Maintenance Wing. Learned counsel for the Airport Authority submits that both these aspects can be considered by the Chairman of the Airport Authority who has the requisite jurisdiction to intervene in the matter of promotion as also in posting the petitioner from Project Wing to the Maintenance Wing. Submission is recorded. 3. Heard learned counsel for the petitioner Dr.Kylasanatha Pillay and learned counsel appearing for respondents 2, 3, 4 and 10, Sri.Santharam. W.P.(C).15806/2008 2 4. In circumstances where the petitioner is being relegated to an alternate remedy, I do not propose to deal with the merits of the contentions of the petitioner. 5. In the result, writ petition is disposed of directing the second respondent to consider Ext.P5 and take a decision thereon within a period of six weeks from the date of receipt of a copy of this judgment. It is open to the petitioner to supplement Ext.P5 with an additional representation and the second respondent, Chairman of the Airport Authority of India, shall take a decision, after hearing the petitioner and other affected parties. 6. Learned counsel for the petitioner submits that he is aggrieved by his shifting from Project Wing to the Maintenance Wing. Petitioner is at liberty to urge the matter before the Chairman by way of an interim relief. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs