R BHUSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed writ petition as he has not been granted Permanent Commission. In the writ petition, the petitioner prayed for quashing the order dated 14.2.2002, of the respondent being arbitrary, unreasonable and discriminatory. The other prayer of the petitioner is to the following effect: "(b) Issue an appropriate writ, order or direction in the nature of mandamus to the respondents directing them to provide alternate employability and job in case if he became permanently disabled for flying being attributable to service. (c) Issue an appropriate writ, order or direction in the nature of mandamus to the respondents directing them to consider the petitioner for flying in case he improves and provide appropriate medical aid if so required.

(2.) The petitioner joined as Trainee Pilot after necessary competition and examination, with an assurance thathe will be considered for Permanent Commission after Short Service Commission term. It is the case of the petitioner that when he was on his mission of "Search & Rescue" operation of another crashed Helicopter on 17.5.2000, the Helicopter developed some snag during flying and crashed. Later it was revealed that engine failure of his helicopter was due to overheating and failure of Turbine Blades. The Chief of the Air Staff on an inquiry held that no one could be blamed and the injuries sustained by the petitioner were attributable to service. In the said helicopter crash the petitioner sustained injury i.e. compression fracture of spine (LVI) as a result he was graded lower in medical category. He was thereafter posted as operational officer at Pachora Missile Squadron, after career course against employability in which the employability of flying branch officer exists.

(3.) The petitioner received an order dated 11.4.2002 from the respondent, indicating that he will be released from service w.e.f. 20.2.2003. He challenged the said order by filing an appeal. The appeal of the petitioner was rejected by the respondent.