PAWAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE learned counsel for the petitioner has drawn our attention to his application dated 15.06.2011 seeking discharge from the Air Force. By that letter, he has stated that due to his colour blindness, he would be deprived of the opportunity for a commission in the Air Force since he is unfit to sit in the GDOC examination, and hence his request for discharge may be considered sympathetically. In passing, he had also informed the authorities that he has been selected for the post of probationary officer in Bank of India. We notice that his application was also recommended for acceptance "on sympathetic grounds" by the petitioner's Section Commander. This was, however, turned down by the superior authorities on the ground that he is "not eligible for discharge from service as per policy". His request was, therefore, rejected.

(2.) WE notice that the petitioner's Section Commander has considered his application in the proper perspective pointing out that although the petitioner is not eligible for discharge in terms of AFO 14/08; the petitioner is, in fact, seeking discharge, "on the ground that he is colour blind and his future prospects in Air Force as an officer cannot be envisaged". In other words, he is seeking discharge on compassionate grounds because of the unavailability of the opportunity to serve the Air Force as an officer. Consequently, the Section Commander forwarded the application with his recommendation that the same be considered on sympathetic grounds.

(3.) COUNSEL for the respondent, on instructions, states that, in fact, the case of the petitioner was never considered under AFO 16 dated 19.09.2008 and the respondents have merely considered the petitioner's request in terms of AFO 14/08 which deals with seeking discharge on the ground that they have been offered civilian employment.