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V. KAMESWAR RAO, SAURABH BANERJEE
Nakhat Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J.
1. The challenge in this petition is to an order dated December 06, 2023, passed by the Armed Forces Tribunal (`AFT', for short) in O.A. No.3068/2022, whereby, the AFT has dismissed the O.A. filed by the petitioner herein.
2. The petitioner has filed the present petition with the following prayers:
"(i) To set aside the judgment dated 06.12.2023 passed by Ld. Armed Forces Tribunal in OA No. 3068/2022.
(ii) To direct the respondents to issue NOC and discharge to the Applicant from the post of Corporal to allow him to join the Gazatted Post of Assistant Professor (Hindi) in Rajasthan Government with immediate effect.
(iii) And/ or pass any other order/direction which may be deemed fit and proper in the interest of justice to the petitioner."
3. The facts which can be noted from the record are that the petitioner herein got enrolled in Indian Air Force (`IAF', for short) on March 28, 2012, and is currently holding the post of Corporal. According to the petitioner, as on date, he has 11 years 7 months of unblemished service in IAF. It was the case of the petitioner before AFT that an advertisement was issued by Rajasthan Public Service Commission on November 02, 2
Compliance with AFO 33/2017 requirements for seeking permission to apply for a civil post is mandatory for air force personnel.
Compliance with mandatory provisions of AFO 33/2017 is essential for seeking NOC and Discharge Order for joining a civil post.
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 N....
Inaction on false representation affects rightful appointment; timely adjudication on eligibility is imperative to uphold integrity in employment processes.
An application for a government position is invalid if not submitted through the proper channel, and age relaxation cannot apply if the application is defective.
The main legal point established is that there was no absolute obligation on the respondent to communicate through both email and phone number, and fair opportunities were given to the petitioner for....
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