Delhi High Court has sought Air India’s response on a plea by one of its pilots, who has flown several evacuation and relief flights to different countries during the Covid-19 pandemic, seeking direction to the carrier to accept his request for withdrawing his resignation.

The petitioner, who was serving as a pilot commander, had tendered his resignation on February 6 this year over the non-payment of certain allowances and arrears and gave a notice period of six months in keeping with the civil aviation requirement (CAR).

However, he withdrew his resignation on March 19.

He approached the court saying that no decision has been taken by the employer on the application withdrawing the resignation tendered earlier, despite the passage of several months. He sought a direction to Air India Ltd to accept the request for withdrawal and permit him to continue beyond August 6.

Justice Jyoti Singh issued a notice to Air India and directed it to file its response within 10 days and listed the matter for further hearing on August 4.

The counsel for the pilot submitted it is settled law that an employee can withdraw the resignation tendered by him before it takes effect.

Under CAR, the mandatory requirement is to give a six months’ notice, if a pilot desires to resign. The petitioner had given six months’ notice, but before the resignation takes effect and the period expires, he has withdrawn the same, the counsel said. He added that till now the authorities had not taken any steps to find a replacement or substitute pilot.

In fact, the crew’s daily roster would show that the petitioner has flown several evacuation and relief flights to different countries during the Covid-19 pandemic and was on duty as recently as on July 13, the counsel said.

The advocate representing Air India submitted that the petition is premature as so far no decision has been taken on the request of the pilot to withdraw his resignation.