NEERAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal has been filed by two former male Short Service Commission Officers (SSCOs) of the Indian Air Force, challenging the order dtd. 15/5/2024 passed by the Armed Forces Tribunal, Principal Bench at New Delhi (AFT) in Original Application (OA) No. 379/2011, whereby the Appellants' prayer for reinstatement into service in the Indian Air Force and for consequential consideration for the grant of Permanent Commission (PC) has been dismissed.

(2.) The claim of the Appellants traces its genesis to the decision of the AFT in Sqn. Ldr. Lalit Kumar Tandon and Ors. v. Union of India and Ors. 2011 SCCOnLine AFT 191. Subsequently, during the pendency of the OA, this Court delivered its judgement in AU Tayyaba v. Union of India (2023) 5 SCC 688. Relying upon the said decision, the Appellants have further sought parity with those SSCOs who were released from service but were directed to be considered for the grant of PC alongwith the consequential pensionary benefits.

(3.) We have heard Ms. Vibha Datta Makhija, learned Senior Counsel, and Ms. Pooja Dhar, learned Advocate-on-Record, on behalf of the Appellants, as well as Ms. Aishwarya Bhati, learned Additional Solicitor General of India, for the Respondents and have carefully perused the records.