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2021 Supreme(Del) 11

RAJIV SAHAI ENDLAW, ASHA MENON
Krishna Kant Yadav – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioners:Ankur Chhibber, Nandadevi Deka, Anshuman, Advocates.
For the Respondents:Alok Singh, R4 & R5, Anil Mittal, Advocate.

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

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