PAWAN KUMAR Vs. CHIEF OF AIR STAFF

JUDGEMENT

(1.) . The writ petitioner was enrolled in the Indian Air Force in 26.11.1985. At the time when he joined the service he had passed all necessary examinations. Later on, in the year 1992 he accquired Engineering degree. Subsequently he acquired M.B.A degree in April 1996, from Pune University.

(2.) . On 28.02.1997, the petitioner applied for premature discharge as he had completed the age of 30 years and having regard to his higher educational qualification, if he gets discharge he can get the better employment. According to the petitioner on the basis of the post he has held as he crossed 30 years. He is not eligible to be considered for commissioning. But according to the learned counsel for the respondents the petitioner can still apply for commissioning when he became a Serrgeant until he attains the age of 40 years. The respondents had filed annexure R-1 which is the instructions or guidelines for discharge of Airmen on Educational Grounds. Para 2 of the instructions read as under: The discharges granted so far under this policy were analysed recently to remove the disparties that have crept into it over the years. The policy decision taken in the light of this analysis is indicated below:

(3.) . Learned counsel for the respondents submits that the petitioner did not apply for commissioning within one year and one can apply for three times and he did not do it and therefore, the petitioner is not entitled to discharge. It is stated in the counter affidavit that the application for discharge was considered and rejected by the competent authority. The petitioner can appear for the commissioning upto the age of 40 years and the case of the petitioner that there is no opportunity for promtion is not correct.