HANIF JAMAL SOLANKI Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr Harshad K Patel, learned counsel for the petitioner and Mr Kalpesh Shastri, learned Central Government Counsel for the respondents.

(2.) THE petitioner was appointed as Sergeant in respondent Air Force Authority on 26.11.1985. He was appointed after following all the rules and regulations and after verifying the documents produced by the petitioner. As per the appointment letter/pay slip, the petitioner's services will come to end after 20 years i.e. on 30.11.1985. The petitioner applied for extension of engagement for Airmen on 29.6.2004 for a period of 3 years or such lesser period for which he may be considered suitable. As per the requirement, an employee who applies for extension has to make application before 18 months prior to expiry. The petitioner accordingly applied for engagement for Airmen well within time. The authority has also recommended for extension of engagement of service of the petitioner. According to the petitioner, the respondents informed the petitioner that since he is not fulfilling certain conditions of para (4) regarding passing of GEB examination, the petitioner is not entitled for extension. The petitioner has immediately informed the respondents that he has already passed the said examination way back. The respondents raised objection that the petitioner is not fulfilling the criteria mentioned in para 8D of AFO 11/99 dated 17.9.2004 and therefore, the petitioner is not entitled for extension of services. Hence this petition has been filed for the following reliefs:

(3.) WE do not find any illegality in the discharge order or the order refusing to extend the service. Further the writ petition was filed in the year 2005 claiming that three years' extension be granted to the petitioner. We are in the year 2012 and we have not found this to be a fit case where the petitioner was entitled to any extension of service.