The arbitrary nature of the condition of possessing Skill Grade 'A' and the lack of necessity for the IAF to retain the petitioner influenced the court's decision to issue mandamus for the grant of NOC/Discharge Certificate.

JUDGMENT :

[Via Video Conferencing]

RAJIV SAHAI ENDLAW, J.

1. The petitioner, an Airman in the respondents No.1 to 3 Indian Air Force (IAF), has filed this petition seeking mandamus, directing the respondents IAF to grant 'No Objection Certificate' (NOC) / Discharge Certificate to the petitioner, thereby allowing the petitioner to join the post for which he has been selected in the recruitment process held by respondent No.4 Uttar Pradesh Public Service Commission (UPPSC) i.e. the post of Assistant Labour Commissioner in the respondent No.5 Government of State of Uttar Pradesh (UP).

2. The writ petition came up first before this Court on 15th October, 2020, when notice thereof was ordered to be issued and the respondents No.4&5 UPPSC and the Government of State of UP restrained from revoking / cancelling the offer of appointment made to the petitioner, on the ground of non-submission by the petitioner of the NOC of the respondents IAF, with which the petitioner was then and is presently employed.

3. On 21st October, 2020 and thereafter on 25th November, 2020, this petition was taken up along with W.P.(C) No.5759/2019 and orders reserved in both the petitions. Finding the factual context of this writ petition to be different from that of W.P.(C) No.5759/2019, it was not deemed appropriate to pronounce orders in the two petitions by a common judgment and vide judgment reported as CPL Mukesh Singh Rajpoot Vs. Union of India & Ors. 2020 SCC OnLine Del 1599, W.P.(C) No.5759/2019 has been dismissed.

4. It is the case of the petitioner, (i) that the petitioner, after completing his education till 10+2 stage, applied for the post of Airman with the respondents IAF and on being successful, was enrolled as an Airman, on 1st October, 2008 and underwent basic training and thereafter trade training of Accounts Assistant; (ii) that on 27th April, 2012, the petitioner was promoted to the rank of Corporal; (iii) that the respondents IAF encourages career progression for all Airmen, while in service of respondents IAF, by making provision therefor in various orders; (iv) that while the petitioner was in service, Air Force Order (AFO) No.14/2008 was in vogue, which provided for permission to Airmen to apply for civil posts/services under Central / State Government and Public Sector Undertakings (PSUs) in Group 'A' or equivalent posts, on completion of 7 years of service with the respondents IAF; (v) that vide another AFO No.4/2012 dated 31st May, 2012, eligibility and procedure for grant of permission to apply for civil posts/services under Central / State Government / PSUs and Government of India Undertakings / Corporations, as well as for grant of NOC were provided; (vi) that as per the said Policy, any Airman who had completed 7 years of regular service, was eligible to apply for any Group 'A' post in Central/State Government/PSUs and Government of India Undertakings/Corporations, having the pay scale of Rs.15600-39100/- with Grade Pay of Rs.5400/- in Pay Band-III, was eligible for seeking discharge, on being selected to the said post; (vii) that the respondent UPPSC issued an advertisement dated 11th January, 2016 inviting applications for recruitment to various posts carrying pay scale of Rs.9300-34800/- with Grade Pay of Rs.4200/- to Rs.15600-39100/- with Grade Pay of Rs.5400/-; (viii) that the petitioner being eligible to apply in pursuance to the aforesaid advertisement, sought permission of the respondents IAF to apply for the posts advertised by the respondent UPPSC and recruitment whereto was through Combined State Upper Subordinate Examination-2016; (ix) that the respondents IAF, on 1st February, 2016 granted such permission to the petitioner in accordance with AFO No.4/2012; (x) that the petitioner participated in the recruitment process and the respondents IAF also issued NOC dated 12th December, 2018 for the petitioner to appear at the interview stage of the said recruitment process; (xi) however the petitioner was not selected; (xii)