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CASE NO.: Transfer Petition (civil)  214 of 2006

PETITIONER: Indian Airlines Limited                                          

RESPONDENT: Capt. Raman Doulagar                                     

DATE OF JUDGMENT: 09/11/2006

BENCH: ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

JUDGMENT: J U D G M E N T

ARIJIT PASAYAT, J.

       This petition for transfer has been filed under Article  139-A (2) of the Constitution of India, 1950 (in short the  ’Constitution’). It has been filed by the Indian Airlines Limited  seeking transfer of Writ Petition (Civil) No. 3992 of 2006  titled  "Captain Raman Doulagar v. Indian Airlines Limited" pending  before the Madras High Court to the Delhi High Court.  Prayer  has been made primarily on the ground that several other writ  petitions involving identical issues are pending before the  Delhi High Court.

       Learned counsel for the respondent on the other  submitted that the prayer has been made mainly on the  ground that in the event there are conflicting decisions, it  would not be in the interest of the parties.  It is submitted that  there is no scope for conflicting views being expressed by the  two High Courts, as the controversy involved is settled by a  decision of this Court in Regional Provident Fund  Commissioner, Mangalore v. Central Arecanut & Coca  Marketing and Processing Coop. Ltd., Mangalore [2006(2) SCC  381].  A reference is made to Paragraphs 13 and 14 of the  judgment. It is also submitted that in the writ petition,  pending before the Madras High Court, certain additional  issues are also involved.

The prayers made in the Writ Petitions before the Madras  High Court and the Delhi High Court needs to be examined.   In the Madras High Court the prayers inter-alia are as follows:

"For all the aforesaid reasons, it is prayed  that this Hon’ble Court may be pleased to  issue a Writ of Certiorari or Mandamus or any  other appropriate Writ, Order or Direction  calling for the records of the respondent  relating to the impugned Seniority List  circulated vide letter no. HPDO1/O-2601 dated  14.7.2004 and quash the same and  consequently direct the respondent to fix the  seniority of the petitioner herein above  50th,51th    and 52nd  batches of Trainee-Pilots  and pass such further or other orders as may  be deemed fit and proper in the facts and  circumstances of the case and thus render

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justice.

It is, therefore, further prayed that this  Hon’ble Court may be pleased to direct the  respondent to send the petitioner herein  forthwith for Pilot-in-Command (P.I.C.)  Training in consonance with the policy laid  down for the petitioners-batch (STP-1),  pending disposal of the above Writ Petition,  and pass such further or other orders as may  be deemed fit and proper in the facts and  circumstances of the case and thus render  justice."

Before the Delhi High Court the basic prayers are as  follows:

"a writ, order or direction in the nature of  mandamus or any other writ of like nature  quashing the impugned Draft Seniority List of  First officers, dated 14 July, 2004 and  directing the respondent to treat STP-O1  batch, including the petitioner, separate and  independent from their counterparts of the  Trainee Pilot lineage for all purposes including  promotion to the rank of Commander on the  basis of one eligibility.

A writ, order or direction in the nature of  mandamus quashing the impugned Draft  Seniority List of First Officers, dated 14 July,  2004 and directing the respondents to place  his batch, including the petitioner, above all  those of Trainee Pilots lineage, including 50th,  51st and 52nd batches of Trainee Pilots that  completed their training and absorbed as a  batch in the regular cadre of Pilots of Indian  Airlines after the publication of their  notification in press on 13th August, 2001  adopting the Scheme of Sr. Trainee Pilots  against which the petitioner was enrolled as a  Sr. Trainee Pilot and to give consequential  benefits to the petitioner."

On a perusal of the primary stands as culled out from the  prayers made it is clear that they are conceptually identical.   Whether the decision in Regional Provident Fund  Commissioner’s case (supra) has any relevance can be  considered by the High Court where all the petitions can be  taken up.  Therefore, we consider it to be a fit case where the  Writ Petition No.3992 of 2006 pending before the Madras High  Court is to be transferred to the Delhi High Court to be taken  up along with Writ Petition (Civil) Nos.311 of 2005, 957 of  2005 and 958 of 2005.

The transfer petition is accordingly allowed.