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Writ plea against engaging foreign pilots in India ...

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Old 15th Jun 2010, 17:01
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Writ plea against engaging foreign pilots in India ...

CHENNAI, June 15, 2010
The Madras High Court on Monday directed the Director of Medical Services (Civil Aviation) and the DGCA to file their counter to a writ petition which said the various airlines be forthwith restrained from engaging pilots under the Foreign Aircrew Temporary Authorisation (FATA.)
When the petition came up, the First Bench consisting of Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam said the issue raised by the petitioner was really a serious matter concerning the public because of the recent casualty.
In his affidavit filed on behalf of the petitioner, the Society for Welfare of Indian Pilots, Mumbai, J.S. Krishna of Chennai, a society member, said the writ proceedings were being instituted in public interest with a view to ensuring air passenger safety. This was because various airlines — Jet Airways (India) Ltd. and eight others — cited as respondents, were engaging a substantial number of pilots under FATA who were not required to meet the same minimal flying experience and medical fitness requirements as in the case of Indian pilots.
As per clause 2.2 of Civil Aviation Requirements (CAR), Section 7, Series ‘G' Part II issued by the DGCA on October 8, 1999 as revised on August 8, 2009, the minimum experience requirement for engagement as Pilot in Command (PIC) under FATA is 2,000 hours flying experience as PIC, of which 100 should be on type, that was on the type of aircraft to be flown in India.
On the other hand, airlines in India required an Indian PIC to have a minimum of 5,000 hours of flying experience and a minimum of 1,000 hours as PIC on the type aircraft.
The requirement of low experience on type for pilots compromised air passenger safety.
The petitioner submitted that foreign pilots engaged under FATA did not have the medical checks that Indian Pilots had to undergo. Medical fitness standards for Indian pilots were rigorous. However, pilots engaged under FATA were required to undergo only a simple medical check-up with a local medical practitioner approved by the respective State regulatory authorities.
The discrimination between pilots engaged under FATA and Indian pilots in respect of experience and minimum fitness requirements was ultra vires of Article 14 of the Constitution. The petitioner prayed the court to declare clause 2.2. of CAR regarding minimum experience requirement for engaging as PIC under FATA and in permitting different medical standards for FATA pilots and Indian pilots as ultra vires. The society sought an ad-interim direction to the authorities to ensure that pilots engaged by airlines under FATA were subjected to the same medical tests at the same institutions as their Indian counterparts and were required to have the same medical standards of fitness as the Indian pilots.
The Bench also directed the authorities to seek instructions as to why the interim direction sought be not passed immediately. The matter has been posted for July 5.


The Hindu : Cities / Chennai : Writ plea against engaging foreign pilots
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Old 15th Jun 2010, 22:26
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Interpret anyone?
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Old 15th Jun 2010, 22:37
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sulkair - They have come to the conclusion that Cpt Glusica had some medical condition that was not spotted on the medical check with his "simple medical check-up with a local medical practitioner" and therefore, to prevent future disasters, they are now changing the requirements for foreign air crew. Must be what they mean right? I mean, the guy had 10.000-something hours, so flight time (experience) can not be the factor in this case....... Or am I misreading this?
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Old 16th Jun 2010, 03:16
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Quote: "....the writ proceedings were being instituted in public interest with a view to ensuring air passenger safety...."

Good. There shouldn't be a standard for one and another standard for another.

At the same time let's put ALL pilots (foreign and indigenous) through independent Boeing, Airbus, Bombardier, etc, etc simulator evaluations; TRI's and TRE's alike.

After all, safety is the primary concern, so at what cost lives? If you don't posses the required capacity (medical certificate, flying skills and / or knowledge let alone application) to utilize the privileges and limitations of an ATP / ATPL and I.R. for airline / jet transport operations then you shouldn't be licensed to do so.

So, make it transparent and a level playing field, not just picking on one (very important) facet. Make it all inclusive of medical certification, skills, knowledge and application.

AND if pilots are left wanting, how about we look at WHY they were ever employed in the first place? Another can of worms, eh?
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Old 16th Jun 2010, 04:27
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This is all typical 3rd world BS. "Cant see the wood for the trees". Why don't you guys in India, just get a load of world class athletes and train them up too fly? Don't mean they wont have a heart attack, BTW.. where was the SIC, when the Mangalore tragedy took place? Sitting in his seat, just watching it happen?

This reminds me of an occasion, in some other 3rd world outfit. A local crew managed to stall the aircraft, completely. The local management, instead of trying to work out why he got the thing stalled in the first instance, made all the crews go for additional stall recovery training!! LOL!! No, dinkim, I kid you not!
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Old 16th Jun 2010, 05:00
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Man, I sure do wish the moderators would sweep this place to get rid of this tiring anti-foreigners BS emerging from India and infesting the forum and its threads.
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Old 16th Jun 2010, 06:31
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Hear me out,

Being one of the unemployed ones too, I understand the need for Expats working here. Indian pilots do not have the experience to match up to the requirements of just jumping in the left seat. More than experience, the pilot needs to be mentally prepared too. I have friends who are flying with different carriers and have been offered command but have turned it down because they choose to fly for some more time before they become PIC.

We need the Expats and without them Indian Aviation would go nowhere. Think of it this way, with more Expats, the airline can fly because there is no shortage for commanders. They fly so they make money. They make money so they order more planes and start up new routes. Which in turn means first officer openings will pop up which, we, will be able to apply for.

And regarding the IXE crash, please, lets not jump to any conclusions until we know for sure what really happened.
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Old 16th Jun 2010, 06:50
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@doubleu-anker

This is all typical 3rd world BS. "Cant see the wood for the trees". Why don't you guys in India, just get a load of world class athletes and train them up too fly?
Or why dont you leave the task of regulating/licencing/policing to the DGCA and other regulatory bodies in India, and just stick to flying planes or look elsewhere for jobs ? Not rocket science right ?

Or how about you "First world" "Gods of Aviation" just REMAIN in your "First World" instead of drooling over the money in the " 3rd world" here and then grumble about the standards and policies here ???

What made you all leave your homes and family from your utopian wonderland called "First World", and come here of all the "stink holes" called the "Third World" ?? THINK.
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Old 16th Jun 2010, 06:55
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Fair comment.

Oh they will find out quickly what happened alright, dont worry about that. in fact they already know. Will they ever find out the route causes of this tragedy? They even will know what the two pilots said. However, will they ever find out the thought process that may have been a big contributing factor in this and indeed all aircraft accidents.

As long as any man, regardless of race or creed, has his sticky little fingers on machinery, things will go wrong!!!! In many respects, man has become the weak link. Called human failings.

No I am not employed in India.
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Old 16th Jun 2010, 07:16
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@saurabhm_101

Being one of the unemployed ones too, I understand the need for Expats working here.
To understand the need for expats has got nothing to do with being employed or unemployed. This petition has not been filed in court by 200 hour CPL holder.

Indian pilots do not have the experience to match up to the requirements of just jumping in the left seat. More than experience, the pilot needs to be mentally prepared too.
Son, with all your 200 hours credentials, you sure do seem to know how to run an airline. Why dont you apply to the airlines for the post of Chief Pilot or VP.Ops instead ? Since you really seem to know all about experience and flight time requirements and upgrades ?

I have friends who are flying with different carriers and have been offered command but have turned it down because they choose to fly for some more time before they become PIC.
again son, you're romanticising. Either you're cooking up fairy tales or your friends are telling you fairy tales.
Im sure your friends are not in jet airways or jetlite, kingfisher, spicejet or indigo or air india. because I have friends in all these airlines and they tell me how frantically desperate they are to either get a chance for wide-body or command upgrade. and they also tell me how the company promised them upgrades at certain number of hours but are being refused now because of the number of expat P1s on contract.

(perhaps your friends are in paramount airways or blue dart or some other charter co ?? )


We need the Expats and without them Indian Aviation would go nowhere. Think of it this way, with more Expats, the airline can fly because there is no shortage for commanders. They fly so they make money. They make money so they order more planes and start up new routes. Which in turn means first officer openings will pop up which, we, will be able to apply for.
Or think of it this way :
with more expats, the airline managements saves a lot of money which they would have to otherwise spend on intensive training of local crew. Training and bringing low time pilots to standards requires a good amount of money.
This money is much greater than the salaries paid to expats.

hence airlines will continue to hire expats at much higher salaries compared to Indian pilots because that is still cheaper than investing on simulator training for the local crew.

go see the rates for rental of simulators anywhere and examiners for training per hour and compared it with the amount of money spent on expat salaries (with allowances).

and dont worry about planes being parked on ground because of lack of commanders.
Airlines are run by businessmen. They know how to utilise their planes in whatever way to satisfy the local rules and regulations in place.
If there is a deadline to phase out expats then airlines will be forced to spend money on training and speed up upgrades of local crew and try their best to have minimum number of expats.
If there is no deadline set by DGCA and if there is no pressure from the public or media regarding expat phaseout then the airlines will never aggressively train and upgrade the local pilots which result in stagnation at the lower levels.
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Old 16th Jun 2010, 08:49
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alphabravo,
your posts define the maturity of Indian Aviation. and believe me, it has a lot more ground to cover before it can be let loose. if your silly points are adhered to, it will do irreparable damage to the country, as well as aviation.
this site is one for the pilots of all countries to discuss issues, not an Indian Pilots bitching place over fellow pilots who are expats.
there are too many of you who think of themselves as Mangal Pandeys or Bhagat Singhs, but in reality, are the very people who prevent it (aviation) from evolving.

in S East Asia we have a story.
a Chinese cyclist waited at a traffic light, when a merc pulled up. this cyclist looked at the driver, and said to himself, "one day i will be driving one myself."
next, an Indian cyclist pulled up at the light., saw the merc, and he said to himself, "one day, you will be riding my bicycle." do you recognise the second cyclist, or the Indian crab ijn the bucket ??
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Old 16th Jun 2010, 11:38
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there are too many of you who think of themselves as Mangal Pandeys or Bhagat Singhs, but in reality, are the very people who prevent it (aviation) from evolving.
@rdr
Exactly how do 'they' prevent it from evolving?

And as far as the South East Asian story goes, I think without loss of generality the nationalities of the characters in the story can be replaced by any nationality as long as the concerned country has a cyclist, a merc and a traffic light.

May be alphabravocharlie is right may be he is wrong, but he has reasoned, on other other hand you have merely alleged.

By the Way, your reference to Mangal Pandey and Bhagat Singh doesn't seem to be in the best taste.
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Old 16th Jun 2010, 12:17
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@rdr

your posts define the maturity of Indian Aviation. and believe me, it has a lot more ground to cover before it can be let loose. if your silly points are adhered to, it will do irreparable damage to the country, as well as aviation.
please tell me what exactly I have said or suggested which will result in damaging of indian aviation ??
some damage recently happened in Mangalore. A boeing overran and crashed killing 152 people. Investigations are going on. Did I do any speculations ?

however, what is wrong in trying to prevent such things from taking place in the future ?
what is wrong in questioning and petitioning against the rules related to FATA for expats ?
The requirements for FATA are very vague and because of the existing rules, a lot of shady things are happening in the background. (Murky dealings involving recruitment agencies and expat salaries, middlemen making huge money in process)

you and so many others seem to suggest we not do such things to try and improve the situation here. why ??


in S East Asia we have a story.
a Chinese cyclist waited at a traffic light, when a merc pulled up. this cyclist looked at the driver, and said to himself, "one day i will be driving one myself."
next, an Indian cyclist pulled up at the light., saw the merc, and he said to himself, "one day, you will be riding my bicycle." do you recognise the second cyclist, or the Indian crab ijn the bucket ??
yes, we call them "Kue ka maindak" (Frog in the well) here in India.
you are grossly generalising and showing Indians in poor light with the above story.
this happens everywhere, even in developed countries.

search on google for rednekk jokes, blonde jokes.

also see this :
YouTube - Miss Teen USA 2007 - South Carolina answers a question

so from the above video and jokes on google, can we conclude that all Americans are dumb blondes or rednekks ?
(thats what you seem to suggest with your generalisation)
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Old 16th Jun 2010, 12:43
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Originally Posted by alphabravocharlie1
yes, we call them "Kue ka maindak" (Frog in the well) here in India.
you are grossly generalising and showing Indians in poor light with the above story.

With the amount of Anti-Expats BS postings creeping into this forum, you don't need foreigners to show you in poor light. You do a fantastic job yourself in that regard

It is hightime for the moderators to clean up this place. It has become truly pathetic.
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Old 16th Jun 2010, 12:59
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@burger thing
It is hightime for the moderators to clean up this place. It has become truly pathetic.
I'd agree with you that some things need to be cleaned up, but how come this concern for cleaning up was not there when so many expats were posting anti-India BS ????

for example the "You know you're in sub continent when .. " thread ..
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Old 16th Jun 2010, 13:12
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@burger_thing wrote:
With the amount of Anti-Expats BS postings creeping into this forum,

The thread title is
Writ plea against engaging foreign pilots in India ...
Being against engaging foreign pilots doesn't mean being against Expat.

If you wear green sunglasses, world will look a hell lot greenish. So the whole Expat BS is a matter of perception.
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Old 16th Jun 2010, 13:22
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@ rdr

What alphabravo was trying to do is state the current state of situation faced by experienced local pilots (Not baby pilots with fresh CPL's) but guys with more than 3000 hrs on type are made to struggle by the employers because cost of ugradation is too high when they are getting vastly experienced expats for free (as most of expats are TRI/TRE) without any cost involvement....so airline saves money on training expats are happy with there flying work and locals are sulking with lack oppertunity and yes this Expat Vs locals have many silly points but hey in which industry this locals vs foreigner is not going on??
Expats and locals have been working from many years in India but airlines have not used both sets of pilots efficiently as local can gain so much from them but airlines are only cashing on expats to fill there finance books....

And hey if one Mangal pandey and Bhagat singh can bring so much change to British Raj ...then think what a group of modern locals can bring ?? If u think bringing people from outside and suppressing locals can bring evolution then it just reflects your state of maturity....every country has a way to protect local employment and this is protectionism which is harm for every industry but u dont go on to kill locals for sake of EVOLUTION ...

Plus by your post u seems to be in for pilots are pilots .....so comparing nationality doesnt go well as per your reply....

@ doubleu-anker

Strange !! is in't? Folks from 1 world are commenting on BS from 3rd world posts??People like u can come and work an earn in this part of world but cant take when reality is told and all u get to reply is with " ohh im from 1 world and why is he talking "...

If u like ur work u can go and work any where....remember those days when pilots from all over the 1st world globe use to do bush flying and now they are skippers of 777/380 ?? God knows what u got to describe Africa as.....

@saurabhm_101

Did u just watched " Alice in the wonderland "??
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Old 16th Jun 2010, 13:24
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doubleu-anker You seem to be calling everyplace 3rd world sir!! including the place you currently are ""It is a third world country! Always was and always will be! The gloss is coming off the polished turd." World has changed in last 30 years sir, we'll be glad if you take note of it...

"No I am not employed in India."

Well!! I hope you never will be...For your kind information we call it democracy, where everyone, who is anyone..can report, question, ask & demand the legal system for answers. You'll also be interested to know that unlike your 1st world, cost for this process is pretty affordable for the common man in India.

"Why don't you guys in India, just get a load of world class athletes and train them up too fly? "

Nice idea!! We can get anyone to work for us especially some greedy s from 1st world, we just have to show them a wad of $$ & they will come drooling, as that's what they do!!

@saurabhm_101 I don't believe you!!!I would certainly like to know one guy, who says he doesn't wanna go up the ladder when presented the opportunity. & remember I'm also in aviation having more than 200 hours.

In any trade absolution is never good. India needs expats, Indians need to be expats, & system needs some modifications. Accidents or no accidents, Its good people are questing policy makers as this is what defines democracy be it 1st, 2nd or 3rd world.

Last edited by xuejiesandi; 16th Jun 2010 at 13:41. Reason: spelling
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Old 16th Jun 2010, 13:39
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in S East Asia we have a story.
a Chinese cyclist waited at a traffic light, when a merc pulled up. this cyclist looked at the driver, and said to himself, "one day i will be driving one myself."
next, an Indian cyclist pulled up at the light., saw the merc, and he said to himself, "one day, you will be riding my bicycle." do you recognise the second cyclist, or the Indian crab ijn the bucket ??
what he meant was that Indians can get a Merc and make merc owner drive for them...
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Old 16th Jun 2010, 14:13
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Third World

Debunking the Myths about the third World


Asian Rise
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