MARSHAL HARISH MASAND Vs. UNION OF INDIA

JUDGEMENT

(1.) We have two petitions on identical ground; the one which we are dealing and other by Air Vice Marshal T.S. Chhatwal [WP (C) No.879/2004]. We are writing a separate judgment as both the petitions are argued separately. Therefore, the legal points which are common in both the petitions are not repeated in the judgment of AVM Chhatwal, same may be read as recorded here.

(2.) The present writ petition has been filed by Air Vice Marshal Harish Masand, who joined the Air Force as Fighter Pilot in 1967. It was stated that he participated in Indo-Pak War and shot down a Pakistani Sabre Jet over Dhaka on 4th December, 1971. On account of his valour and gallantry, he was decorated with Vir Chakra. In 1974 the petitioner went for All Purpose Flying Instructor course and stood first in all the disciplines. According to the petitioner, the record set by the petitioner has not yet been touched by any officer in the entire Air Force till date. In 1975 the petitioner was posted to MiG-21 as an instructor and thereafter for the Photo Interpreter Course and stood first in the said examination. In 1977, the petitioner once again stood first in Junior Commanders Course. In 1978 the petitioner completed with distinction Fighter Combat Leader course and again stood first. In 1978 the petitioner was promoted as Squadron Leader. In 1979 the petitioner appeared for the Defence Service Staff College examination and also stood first. In 1981 he was posted to a prestigious post with Directorate of Air Staff Inspection as the youngest Inspector. In 1986 petitioner was sent to Russia as commanding officer designate of a squadron to train the first batch of Indian pilots on the latest MiG-29 fighter aircraft. In 1989 he was promoted as group captain and awarded the Vayu Sena Medal. In 1992 the petitioner deputed for the prestigious Air War College course in USA there also he was winner of the Spring-Butt Award.

(3.) The petitioner was specially selected as Director, Aircraft upgrade in 1996. Petitioner was recommended for grant of 'Ati Vishisht Seva Medal'. In 1996 he was promoted as Air Commodore. In 1997 the petitioner took over commander of Air Force station and put in-charge of inducting the new SU-30 aircraft in Pune. In December, 1997 Air Marshal S. Krishnaswamy took over as Commander-in-Chief of South Western Air Command and the petitioner came directly under him.