H.S. PATHANIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, a Time Scale Wing Commander in the Air Force is wanting to wriggle out of his premature retirement tangle, though of his own making. He was sought to be removed first but was instead prematurely retirad which he is hotly contesting now.

(2.) Petitioner joined Air Force in 1973 and rose through ranks to the rank of Wing Commander (TS). He, however, failed to cross Efficiency Bar for 1993, 1994 and 1995 under respondents" EB Policy GOI letter dated 16,2.1988. He was given show cause notice on this and informed of his proposed removal from service for having failed to cross the Efficiency Bar three times under the policy. He replied to the show-cause notice which was found unsatisfactory. But his removal from service was, at this stage, put on hold and he was advised and counselled to seek voluntary retirement, to ward off his removal from service to save him from after effects of such removal like loss of pensionary benefits and prospects of civil employment etc. He allegedly followed this and applied for premature retirement which was eventually granted.

(3.) Petitioner has turned round now and has filed this petition challenging the action on several grounds. Besides asking for quashment of the show cause notice datad 8.7.1996 and his premature retirement, he also prays for striking down of Air Headquarter letter dated 23.10.1991 which according to him had changed the critaria for assessing his ACRs and AFO 2/90 both of which he believes had superseded GOI letter dated 16.3.1988.