LAWS(RAJ)-2008-4-16

CPL SANJEET KUMAR Vs. UNION OF INDIA

Decided On April 16, 2008
Cpl Sanjeet Kumar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner, an Airman, on completion of seven years service, claimed for No Objection Certificate to apply for civil post under Central Government. The same was denied, thus, this petition for writ is preferred.

(2.) THE facts noticeable are that as per Air Force Order (hereinafter referred to as "the AFO") No. 5/2003, an Airman, on completion of seven years of engagement, may be permitted to apply for civil post under Central/State Governments and Public Sector undertakings. For getting permission as aforesaid, the Airman desirous to apply for civil posts, may submit an application i.e. required to be considered by the Command Headquarters. The issuance of No Objection Certificate is a privilege and that cannot be claimed as a matter of right within the engagement period of 20 years. The petitioner faced selection proceedings for appointment as Inspector, Income Tax and stood selected, thus, applied for discharge from the Air Force, but that was denied by the respondents, hence this petition for writ is preferred.

(3.) PER contra, the stand of the respondents is that the petitioner is in the trade of Radar Fitter and that is facing men power deficiency. No discharge, therefore, is possible, as claimed by the petitioner.