P S CHOUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against an order dated 27th February 2001 passed by the respondent herein, whereby and whereunder, the petitioner's representation dated 18th December 2000 was rejected. The petitioner in this writ petition has further prayed for a declaration that an order of discharge from service dated 31st July 2000 thereby not extending the same was illegal, discriminatory and against the principles of natural justice and, thus, is liable to be quashed.

(2.) The petitioner was employed as a Airman in the year 1980. He was promoted to the rank of Sergeant in the year 1990. He appeared and passed the Junior Warrant Officer Promotion Examinations held in the year 1993. He on or about 9th July 1999 submitted his unwillingness for further extension of service beyond a period of 20 years. Pursuant to or in furtherance of such request, an order of discharge was published on 9th July 1999 w.e.f. 31st July 2000. Prior to expiry of the said period, however, he filed an application for grant of extension of service beyond 31st July 2000. The Adjutant of the Unit, however, did not recommend therefor but listed the representation before the Commanding Officer. The application ultimately was sent to the A.F.R.O. for necessary action. The petitioner contends that although he had not been allowed to serve beyond the period i.e. from 31st July 2000 his juniors who had been similarly situated were promoted on 1st August 2000. He as noticed hereinbefore filed a representation on 18th December 2000 which has been rejected by reason of the impugned order.

(3.) The respondents, however, in their counter have inter alia contended that the petitioner is not entitled to grant of extension of service and has no legal right therefor. It has been stated that his change of option from unwillingness to willingness was considered at appropriate level and the impugned order had been passed as he did not meet the requisite criteria for grant of extension of the engagement.