RAJESH KUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioners are questioning inaction of the Indian Air Force in not discharging them from service. All of them had applied for a selection by various public sector banks to the post of Probationary Officer which carried a pay-scale of Rs. 14,500- Rs. 25,700/- at the relevant time in 2011. The Air Force which has been impleaded as a respondent contends that two essential eligibility conditions were applicable namely that the individual- where group 'A' posts are concerned should have put in a service of atleast 7 years in the Air Force and that the group 'A' post which was applied to should have carried a pay-scale maximum for which should not have been less than Rs. 39,100/- (pay-scale as applicable after communication No. WAC/S 3211/P3 dated 29.05.2009). Prior to this the applicable order in AFO 14/2008 dated 19.09.2008 had grouped or classified group 'A' as carrying a maximum pay of not less than Rs. 13,500/- per month- as revised from time to time.

(2.) At the stage when these petitions were entertained, several other proceedings which were pending before the Court. All these were heard and a common judgment was delivered in Bikram Singh vs. Union of India (W.P.(C) No. 3024/2011) in connected cases decided on 18.05.2011. The Court rejected the writ petitioners contentions in those proceedings that the maximum pay-scale stipulated on 09.04.2009 was inapplicable. This contention was primarily based on the interpretation of AFO No. 14/2008.

(3.) It was sought to be urged to the grounds reiterated in these petitions that the banks have since revised their pay scales w.e.f. February, 2015 and that Probationary Officers pay scale carry a maximum amount of Rs. 42,000/- approximately. In these circumstances, Mr. Nayar, learned counsel submitted that the Court shall take note of these subsequent developments and make appropriate orders directing the Indian Air Force to discharge the service.