LAWS(SC)-2019-1-109

UNION OF INDIA Vs. WG CDR SUBRATA DAS

Decided On January 29, 2019
UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF DEFENCE DHQPO, NEW DELHI And ORS Appellant
V/S
WG CDR SUBRATA DAS (19942-H) Respondents

JUDGEMENT

(1.) Delay conoed.

(2.) Leave grned.

(3.) This batch of appeals arises from proceedings initiate the Armed Forces Tribunal (The Tribunal) . Each of the four officers of the Indian Air Force - Wing Commanders Subrata Das, P K Sen, Rachit Bhatnagar and Group Captain Rajeev Moitra sought a premature separation from service under the Human Resource Policy (The Human Resource Policy, Air HQ/988321/1/PO-5) notified on 5 August 2011 by the Air Headquarters. Their requests for a Premature Separation from Service (PSS) were allowed. Before the date stipulated for their separation from the Indian Air Force ("IAF") , the officers withdrew their requests and sought to continue in service. The rejection of their plea to continue by the Air Headquarters led them to institute proceedings before the Tribunal.