DEEPAK YADAV Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner, a Sergeant in the Indian Air Force (IAF) complains that the IAF arbitrarily declined his application for a No Objection Certificate to enable his discharge and eventual employment in the Central Government. He, therefore, seeks a direction to the IAF to issue the No Objection Certificate.

(2.) Briefly the facts are that the petitioner was enrolled in the IAF on 17.06.2002, as Airman. He was promoted to various positions and eventually to the current rank he is holding, i.e. Sergeant. Apparently during this period he pursued his studies and successfully completed his graduation in law (LLB) and MBA in Human Resources. The petitioner alludes to the IAF's policy contained in its Order No.14/2008 containing guidelines applicable for an Airman to be permitted to apply for selection to civil posts and services under the Central and State governments and PSUs. This Order replaced by AFO 04/2012. It is contended that any Airman, who completes 7 years of service is at liberty to apply for a Group A post or equivalent in the civil services or under the Central Government or its equivalent, after seeking prior permission. The petitioner states that pursuant to the advertisement issued by the Union Public Service Commission [UPSC] of July 2014, inviting applications for filling the post of Assistant Director [Regulation and Information] in the Directorate General of Civil Aviation ("DGCA"), he applied as he was eligible for the post.

(3.) It is stated that the petitioner was under a bona fide impression that the selection process would involve a written examination and that he could seek permission at a later stage. He concedes that, therefore, he did not seek any prior permission. The petitioner refers to having applied and obtained permission for applying for another Group A post and that consequently he did not visualize any difficulty in seeking permission for other jobs as well considering that he had completed the eligibility condition of 7 years of service. It is contended that after his application was processed, UPSC directly called him for interview for the post he applied for on 19-01-2015.