CHARAN SINGH BHANVARIYA Vs. UOI & ORS.

JUDGEMENT

(1.) THE petitioner has assailed the refusal of the respondents to grant the requisite "No Objection Certificate" to him to enable him to accept and comply with the formalities towards his appointment to the post of Assistant Commandant in the CRPF respondent No. 5 before us. The petitioner was appointed as Aircraftsman (AC) with the Indian Air Force in the trade of IAF(S) on 16th December, 2002 and is stated to have signed for 20 years initial engagement with the Indian Air Force. Upon remustering to Environment Safety Support Assistant (ESSA hereafter) trade with effect from 12th July, 2006, the petitioner was posted with the 23rd Wing of the Air Force.

(2.) AT this stage, the petitioner is stated to have made an application dated 2nd September, 2009 seeking immediate discharge from his service on compassionate grounds. This application was considered and rejected on 28th April, 2010 by the competent authority who found the same without merit.

(3.) THE submission is that, it is evident that the respondents themselves anticipated the normal desire of any person for a career progression and progress. On 9th May, 2003, respondents have issued Air Force order being AFO 05/2003 which is captioned as "Permission to Airmen/NCs(E) to Apply for Civil post/services under Central/State Governments/public sector undertakings". The instructions thereunder states that Airmen/NCs(E) who have completed seven years of their engagement including the training period would be permitted to apply for Civil post services under Central/State Governments and public sector undertakings.