MD SHAHBAZ ALAM Vs. UNION OF INDIA

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.) ACCORDING to the petitioner on 28th September, 2011 after completion of 8 years and 3 months of service he sent an application to the Air Officer Commanding/AF Station 33 wing C/O 56 APO for issuance of discharge certificate. On the application of the petitioner seeking discharge the Section Commander remarked that the petitioner had not sought permission before applying for the post of Assistant Commandant, however the application for discharge was forwarded to the higher authority for sympathetic consideration. Thereafter according to the petitioner the discharge certificate was not issued to the petitioner nor did the petitioner receive any communication from the respondents declining the issuance of the discharge certificate or issuing any discharge certificate. The endorsement made by the Section Commander on the request of the petitioner for the issuance of the discharge certificate is as under:-