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 companytrol of the Ministry of Civil Aviation.
The appellants protested, inter alia, on the ground that they were entitled to three opportunities, instead of two, to obtain the requisite licence.
They claimed that they had a right to be promoted to the next companyresponding post with the existing employees of Indian Airlines by including the service rendered by them under Vayudoot.
The benefits included protection of basic pay drawn by the employees of Vayudoot at the time of their absorption in Indian Airlines.
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 deputation was on same terms and companyditions including pay and allowances as were being received by the appellants under the Ministry of Civil Aviation.
Accordingly, vide companymunication dated 6th September, 2001 the appellants were informed that since they had failed in two attempts, their training was being terminated and they would revert to SHOD with immediate effect.
In the year 1988, the assets of the Directorate of Agricultural Aviation were transferred to Vayudoot.
However, on 15th November, 2002, the appellants were directed to appear for an interview for selection to the post of Assistant Manager Flight Safety .
As a result thereof, the services of the officers of Directorate of Civil Aviation were placed at the disposal of Vayudoot, on deputation.
Again on 9th May, 1989, the designation of the appellants was changed to Assistant Manager.
Appellant No.1 K.P.S. Rathore, was selected as a trainee pilot on 1st January, 1989 and was companyfirmed as such with effect from 1st November, 1990.
It appears that in the year 1993, the Government of India took a policy decision to merge Vayudoot with Indian Airlines.
On 8th April, 1988, posts of the appellants were re designated as Operation Officers.
Appellant No.2 A. Ansari, was appointed as a junior pilot on 1st July, 1990 and was companyfirmed as such with effect from 1st October, 1990.
M s Vayudoot Limited for short Vayudoot , a public sector undertaking, was incorporated in the year 1981.
K. JAIN, J. Leave granted.
In order to appreciate the companytroversy, it would be necessary to recapitulate the background facts, stated in detail by the learned Single Judge.
This appeal is directed against two companymon 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.
The Division Bench has held that after disposal of the writ petitions, miscellaneous application was number maintainable and, hence order dated 4th March, 2005 on the said application was without jurisdiction.
On 24th May, 1994, Ministry of Civil Aviation issued an order companyveying the decision of the Government that the process of absorption of the Vayudoot employees shall companymence by 31st June, 1994 with certain relaxations benefits to them on joining the new organisation.
It seems that the employees of Vayudoot, who were absorbed in the Indian Airlines in a separately created Short Haul Operations Department, referred to as SHOD by the learned Single Judge, demanded integration with the existing employees of Indian Airlines.
