SGT DAGAR RC Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner serving as an Airman in the Indian Air Force has been denied extension of service. He has filed this writ petition seeking a writ of mandamus directing the respondents to grant extension of service to him in accordance with law and to set aside his discharge order RO/2504/2/RW (Dis) dated 19.10.2004

(2.) Briefly stated the facts of the case are that the petitioner was enrolled in the Indian Air Force on 30.12.1983 in Clk/PA trade for an initial term of engagement of 20 years. He was posted to No. HQ WAC (U) Air Force w.e.f. 10.06.2002. He had undergone Clerk Accounts Conversion course from 16.10.2000 to 22.12.2000. On 15.06.2002, the petitioner submitted an option for unwillingness for extension of service as his initial term of regular engagement was to expire on 31.12.2003. The said option given by the petitioner for unwillingness for extension of service was not accepted by the respondents and the terms of his service was extended till 31.12.2005 beyond regular engagement i.e. 31.12.2003 since the petitioner has undergone conversion course and was required to serve for a minimum period of five years in terms of policy of the respondents. On 04.02.2003, the petitioner changed his option from unwillingness to willingness and requested for grant of three years extension of service beyond regular engagement i.e. 31.12.2003. The petitioner had changed his option from unwillingness to willingness in compliance of AFO 11/99. His application for change of option was forwarded to AFRO vide WAC/3212/1/P3 dated 14.02.2003 but the same was not approved by the competent authority. The petitioner, thereafter, filed application for reconsideration of change of option which was strongly recommended with reasoned justification report and the same was forwarded to AFRO. The petitioner's request for extension of service was not approved vide signal No. AFRO/RRD/822 and he was accordingly informed vide RO/PF-692271/RW/Extn. dated 12.10.2004 The petitioner in this writ petition is aggrieved by the impugned action of the respondents denying him extension of service arbitrarily. He has alleged discrimination stating that in identical cases the respondents have granted extension of service to Sgt. Kashyap and Sgt. Solaskar. He has contended that he has been wrongly denied extension of service by the respondents and has therefore prayed for a writ of mandamus against them that they should grant him extension of service and set aside the discharge order dated 19.10.2004 already issued to him.

(3.) In response to notice of this writ petition, the respondents have filed their counter affidavit in which they have denied the averments contained in the writ petition. They have also denied the allegation of discrimination alleged against them and have explained the circumstances under which extension of service has been granted to Sgt. Kashyap and Sgt. Solaskar and why the same has been denied to the petitioner. The respondents have prayed for the dismissal of this writ petition.