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2024 Supreme(Del) 77

V. KAMESWAR RAO, SAURABH BANERJEE
Nakhat Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Pallavi Awasthi with Ms. Shweta Shandilya, Advocates, for the Petitioner.
Mr. Vijay Joshi and Mr. Mohit Joshi, Advocates with Sgt. Vikash Mishra & Sgt. Chandra Prakash for Respondents.

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

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