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Judgment
Jyoti Singh, J
Proceedings have been conducted through Video Conferencing.
CM APPL. 17439/2021 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
CM APPL. 17438/2021 (seeking permission to withdraw the writ petition)
This is an application filed by the Petitioner seeking to withdraw the present writ petition subject to directions to the Respondent to release the
statutory dues along with arrears of salary and other emoluments / claims, if any.
Issue notice. Ms. Akanksha Das, Advocate accepts notice on behalf of Respondent.
Mr. Sanjiv Sen, learned Senior Counsel appearing for the Respondent does not oppose the withdrawal of the writ petition. He, however, submits
that, at this stage, he does not have any instructions on the amount if any, outstanding towards the Petitioner, on account of statutory dues, arrears of
salary etc.
In so far as prayer (b) is concerned, Mr. Sen submits that although the provisions of Civil Aviation Requirements do not permit extension of notice
period beyond six months while tendering resignation by a Pilot, however, if the Petitioner would have rendered service beyond 28.02.2020, he would
have been adequately compensated or shall be paid his entitled dues, in accordance with law.
Having heard learned counsel for the Petitioner and learned Senior Counsel for the Respondent, I am of the view that the application deserves to be
allowed to the extent of prayer (a). Accordingly, the Petitioner is permitted to withdraw the present writ petition.
Respondent is directed to release the statutory dues, arrears of salary or any other claims outstanding towards the Petitioner, if any, in accordance
with law. The exercise shall be carried out and completed within a period of 6 weeks from today.
With respect to statutory dues, the same shall be released within a period of 6 weeks from the date of necessary compliances of the requisite
formalities / modalities by the Petitioner. Respondent shall intimate to the Petitioner the various formalities that are required to be completed at his end.
With respect to prayer (b), it is open to the Petitioner to make a representation in that behalf to the Respondent and the same shall be decided by
the Respondent independent irrespective of filing of the present writ petition or its withdrawal.
Petitioner seeks liberty to resort to appropriate remedies qua the invocation and encashment of Bank Guarantee. It is open to the Petitioner to take
recourse to appropriate remedies available to him, in accordance with law.
Application is disposed of.
W.P.(C) 5441/2020
In view of the order passed in the application being CM No. 17438/2021, the writ petition is disposed of as withdrawn.