Jyoti Singh DECISION
Jyoti Singh, J.
1. Hearing has been conducted through Video Conferencing.
2. Petitioner is a regular employee of Air India and was working in 2017 as a Senior Assistant General Manager (Commercial).
3. Vide order dated 28.06.2017, Petitioner was approved for a foreign posting as Manager, Denmark and according to the Petitioner, the tenure of posting was 3 years. Vide order dated 20.05.2020, Petitioner has been reposted back to India and is required to join Southern Region, Chennai. It is this order which is assailed by the Petitioner in the present petition. Principal contention in the present petition is that the Petitioner is suffering from certain health issues which makes her very vulnerable and if she travels back to India, in the present circumstances of the Pandemic Covid-19, there is a high risk of her catching infection both during the flight and after she lands at the Airport in India. Petitioner, therefore, requests that the Posting Order dated 20.05.2020 be kept in abeyance until things normalise and she is able to travel back to India without the risk of catching infection on account of Covid-19.
4. On the last date of hearing, Mr. Alam, on instructions, had submitted that if the Posting Order was kept in abeyance for a period of three months, the Petitioner was willing to give an undertaking that at the end of three months, she would not resist the Posting Order and would immediately return back to India. Mr. Sen, learned Senior Counsel, appearing on behalf of Air India, on the last date of hearing, had sought time to take instructions in the matter.
5. Mr. Sen, learned Senior Counsel submits, on instructions, that the Petitioner stands relieved from her present assignment, at Denmark, by Relieving Order dated 28.05.2020 to be effective from 02.06.2020, and therefore, the petitioner cannot seek stay of the Posting Order at this stage. Mr. Sen further submits that the concern of the Petitioner regarding her safe travel back to India has also been addressed. He points out that the issue of safe travel on the aircrafts in view of Pandemic Covid-19 was also, before the Supreme Court in the case of Union of India & Anr. vs. Deven Yogesh Kanani & Ors., in Special Leave Petition (Civil), Diary No(s).11629/2020 and the Bombay High Court in Deven Yogesh Kanani vs. Directorate General of Civil Aviation & Ors., decided on 15.06.2020. A High Level Expert Committee comprising of the OSD, Ministry of Health and Family Welfare, Government of India, Director, AIIMS, New Delhi, DG, ICMR and CMD, Medanta was constituted by the DGCA to recommend safety measures to be followed on the flights.
6. Relevant part of the order of the Supreme Court in Union of India & Anr. vs. Deven Yogesh Kanani & Ors. (supra) reads as under:
"We are of the considered view that the petitioner - Air India should be allowed to operate the non-scheduled flights with the middle seats booking upto 6th June, 2020. However, after that the Air India will operate non-scheduled flights in accordance with the interim order to be passed by the Bombay High Court thereafter.
In these circumstances, we propose to remand the matter to the Bombay High Court with a request to the High Court to pass an effective interim order after hearing all concerned on the date fixed i.e. 2nd June, 2020 by it or soon thereafter.
At this juncture, we would consider it necessary for the High Court to arrive at prima facie finding regarding the safety and health of the passengers qua the COVID-19 virus, whether the flight is scheduled flight or a non-scheduled flight.
Order accordingly.
We make it clear that the Director General of Civil Aviation is free to alter any norms he may consider necessary during the pendency of the matter in the interest of public health and safety of the passengers rather than of commercial considerations.
Needless to mention that in case ........