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The petitioner had challenged the termination of services in the High Court, claiming it was a political vendetta.
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The Delhi High Court has directed the Airports Authority of India (AAI)
to give a suitable job to a physically handicapped man without putting
him through a written examination.
The petitioner, Bharat Gupta, a Delhi resident, was employed by AAI in
Srinagar on ad-hoc basis in the physically handicapped category in 2002.
However, his services were terminated along with 129 other employees of
the same category, all of whom were posted in J&K at the time,
without any notice.
The petitioner had challenged the termination of services in the High Court, claiming it was a political vendetta.
Gupta had approached the High Court citing a previous order in the same
matter. In 2007, the Delhi High Court had directed Airports Authority
of India to give a suitable job to a visually-handicapped woman who was
also among the 130 ad-hoc AAI employees whose services were terminated
at the time.
“The 130 employees working in different offices of AAI were terminated
on the ground that they were appointed on ad-hoc basis without any
advertisement or calling candidates from the Employment Exchange and
without following recruitment rules for any public appointment as
required,” Gupta’s counsel told the Court.
The petition, however, challenged the termination claiming that ad-hoc
appointments were “later regularised after qualifying the typing test or
other tests.”
Noting that a division bench of the High Court had provided relief to a
petitioner in 2007 in the same case, the HC ruled that Gupta must also
“be given a right to stand at the same footing.”
The Court has also said that AAI must adhere to other directions given
by the division bench in 2007. These directions include making available
50% of the vacancies in category C and D, in which the above130
employees were employed, for all the others whose services were
terminated at the time.
The reservation, however, will be subject to their qualifying the
relevant test/ interview as per the AAI norms. The AAI has also been
directed to provide a relaxation in the qualifying age limit for those
whose services were terminated at the time.
Source : DNA , 21st July 2013
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