CHIEF OF AIR STAFF Vs. AUGUSTIAN

JUDGEMENT

(1.) A common question arises in these Writ Appeals. They were therefore heard together and are being disposed of by this common judgment.

(2.) The appellants are the respondents in O.P. No. 39594 of 2002. The sole respondent is the petitioner therein. The respondent joined the Indian Air Force as Airman on 15.5.1985. As per the rules then in force, an Airman below 29 years of age who acquires a degree was eligible for being considered for regular commission in the Indian Air Force. After entry in service, the respondent acquired the LL.B. degree on 7.10.1996, but he was over-aged and was not eligible to be considered for regular commission. Later, on 9.12.1997, the upper age limit to be considered for regular commission was raised to 39 years. Though on 25.7.1998, the respondent applied for being considered for regular commission, his request was turned down on medical grounds, on 27.7.1998. He again applied for regular commission and was considered for regular commission on 7.6.1999, 1.11.1999 and 1.5.2000, but he was not successful in getting regular commission.

(3.) In the meanwhile, the Air Headquarters took a policy decision on 9.12.1997 for discharge of Airmen on educational grounds. This was to enable them to settle in the civil stream on their failure to get regular commission in the Indian Air Force. As per the said policy, an Airman who has acquired the requisite qualification for being considered for regular commission but fails to qualify for regular commission even in the third attempt, can seek immediate discharge from service within six months of availing the third chance. It was also stipulated that an incumbent who acquires the qualification for being considered for regular commission should make the first attempt for regular commission within one year of acquisition of the qualification. Since the respondent did not get regular commission, taking advantage of the new policy, he applied for discharge from the Indian Air Force on educational grounds. That request was rejected by order dated 19.9.2000 on the ground that he did not apply for regular commission within a period of one year from the date of acquisition of the qualification, but, only after two years and eight months. The respondent thereupon filed C.W.P. No. 14634 of 2000 in the High Court of Punjab and Haryana. By Ext.P2 judgment delivered on 25.1.2001, a learned Single Judge of the Punjab and Haryana High Court allowed the said Writ Petition, quashed the order rejecting the respondent's claim for discharge on educational grounds and directed the respondents therein to consider his case for discharge within two months. Pursuant to Ext.P2 judgment, the respondent's request for discharge on educational grounds was reconsidered and granted. He was thereupon discharged from the Indian Air Force on 15.5.2001.