SHAHBAZ ALAM Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner, an Airman with the Indian Air Force, has sought an appropriate writ directing the respondent Nos.1 & 2 to discharge him from the service in view of his offer of appointment to the higher post of Assistant Commandant in the Central Reserve Police Force. The petitioner has also sought a direction to respondent No.3 to not fill the post of Assistant Commandant offered to him vide appointment letter dated Nil September, 2011 requiring him to report to the CRPF Academy at Kadarpur, Gurgaon, (Haryana) on or before 12th October, 2011.

(2.) The petitioner had joined the Air Force as an Airman/NC's (E) on 16th June, 2003. The petitioner asserted that as per the joining instructions as stipulated in para 8, the petitioner could apply for the Class I Government job on acquiring the requisite qualifications.

(3.) The respondent Nos.1 & 2 had issued an AFO dated 9th May, 2003 contemplating that an Airman on completion of 7 years of his engagement including training period will be permitted to apply for civil posts under the Central/State Government and Public Sector Undertakings. The petitioner pleaded that he completed 7 years on 15th June, 2010 and thereafter applied for the discharge certificate from the respondent Nos.1 & 2. The petitioner relied on the law laid down by the Courts holding that completion of 7 years is not required at the time of applying but only at the time of consideration for issuance of the discharge certificate. The petitioner also referred to and relied on the Air Force order dated 29th June, 2001 detailing the grounds on which a discharge application could be submitted by an Airman and also relied and referred to AFO 14/08 dated 19th September, 2008 stipulating that 7 years of service is to be considered from the date of enrollment, while applying for civil posts under the Central/State Government. Reference was also made to the amended AFO 16/08 dated 19th September, 2008 contemplating compassionate and other grounds for discharge from the service.