Sonu v. Union of India and Ors

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J. AUGUST 05, 2020 'gsr'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 5th August, 2020 + SONU .... PETITIONER Through: Mr. Ankur Chhibber, Mr. Anshuman Mehrotra & Mr. Harsh Dhankar, Advs. Versus UNION OF INDIA & ORS. ...RESPONDENTS Through: Mr. Vinod Diwakar, CGSC with Mr. Vishal Kumar Singh, Adv. for R-1 to 3. Mr. Anil Grover, Senior Additional Advocate General for the state of Haryana along with Ms. Noopur Singhal & Mr. Mishal Vij, Advs. for R-4&5. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE ASHA MENON [VIA VIDEO CONFERENCING] JUSTICE RAJIV SAHAI ENDLAW 1. The petitioner, a Corporal in the respondents no.1 to 3 Indian Air Force (IAF), having been denied No Objection Certificate (NOC) as well as discharge from service of the respondents no.1 to 3 IAF, for joining the post of Assistant Professor (College Cadre) in the subject of Economics in the Department of Higher Education of the Government of Haryana, on the ground of the petitioner not having skill grade 'A', has filed this petition seeking mandamus, directing the respondents no.1 to 3 IAF to issue NOC as well as discharge from service to the petitioner for joining the post of Assistant Professor (College Cadre) in the subject of Economics in Haryana. 2. It is the case of the petitioner, that (i) the petitioner, after completing his 10+2 applied for the post of Aircraftsman with the respondents no.1 to 3 IAF and on being successful, was on 29th December, 2010 enrolled as an Aircraftsman; (ii) the petitioner was promoted to the rank of Corporal on 3rd January, 2016; (iii) the petitioner, with the approval of the respondents no.1 to 3 IAF, completed his post graduation in Economics while serving the IAF; (iv) the respondents no.1 to 3 IAF encourages career progression for all airmen, while in service of IAF; (v) Air Force Order (AFO) No.14/2008 in vogue at the relevant time provided for permission to airmen to apply for civil posts / services under the Central / State Government and Public Sector Undertakings (PSU) in Group 'A' or equivalent posts, on completion of seven years of service with the respondents no.1 to 3 IAF; (vi) another AFO No.04/2012 dated 31st May, 2012 laid down the eligibility and procedure with respect to Airmen/ Non-Combatant Employees [NCs(E)], for grant of permission to apply for civil post/service under the Central / State Government / PSUs and Government of India Undertaking / Corporation as well as for grant of NOC; (vii) the respondents no.1 to 3 IAF issued AFO No.33/2017, nullifying all earlier AFOs including AFO No.14/2008 and AFO No.04/2012 aforesaid, on the procedure of discharge; the said AFO No.33/2017 drastically changed the scenario for airmen seeking better career opportunities and imposed additional conditions on the eligibility criteria for applying in civil post under the State / Central Government; (viii) Clause 6 of AFO No.33/2017 provides as under: "Eligibility Criteria 6. Airmen/NCs(E) of the IAF are eligible to apply for civil posts/services with prior permission from the Competent Air Force Authority. Airmen/NCs(E) including those on deputation shall be eligible for seeking permission to apply for the following category of posts: Category Description of Post Eligibility Criteria Competent Authority Format of NOC Category-I Group A/I and Group B/II Gazetted posts through UPSC and State Public Service Commission only. (Recruitment advertisement must clearly mention the Group of the Post) (a) Airmen with minimum Skill Grade A and seven years of service. (b) NCs(E) irrespective of length of service. AOC, AFRO Appendix A Category-II Any civil post in Govt/PSU/Private Sector Airmen who are left with one year of residual service prior to expiry of their initial Regular Engagement (RE)/Extended RE Provided they have submitted unwillingness/ denied further extension of service. AOC/Stn Cdr /CO* Appendix B * CO in the AFO refers to CO of an independent Unit."; (ix) with the introduction of AFO No.33/2017, the respondents no.