IMPORTANT POINT
Compliance with mandatory provisions of AFO 33/2017 is essential for seeking NOC and Discharge Order for joining a civil post.

JUDGMENT

Saurabh Banerjee, J. (Oral) - The facts before this Court are that the petitioner, after enrolling in the Indian Air Force [Hereinafter referred to as `IAF'] as an Airman on 27.12.2005 for a period of 20 years, had applied for a post in the Government of Orissa through the Odisha Civil Services Examination, 2020 advertised on 31.12.2020 through the IAF website on 16.01.2021.

2. Interestingly, the petitioner, despite facing rejection thereto on the ground that he did not possess the Skill Grade `A' as required under the prescribed rules, first appeared in the preliminary examination on 27.08.2021 and then in the written examination between 20.01.2022 and 02.02.2022 as well, albeit, without seeking permission as required under AFO 33/2017. In fact, after clearing, he appeared for the interview on 24.09.2022 and got selected for a Gazette post in Group B service of the Odisha Government on 07.10.2022.

3. It was under the aforesaid circumstances that the petitioner approached the competent authority for grant of a No Objection Certificate [Hereinafter referred to as `NOC'] and Discharge Order for discharge from service to join the appointed post vide two separate applications, which were rejected by the Air Force Record Office [Hereinafter referred to as `AFRO'] vide order dated 16.12.2022.

4. Aggrieved thereby, the petitioner filed O.A. No.216/2023 seeking quashing of order dated 16.12.2022 as also for directing the respondents to issue NOC and Discharge Order.

5. The learned Armed Forces Tribunal [Hereinafter referred to as `AFT'], vide order dated 25.01.2023, initially directed the respondents to issue a provisional NOC to the petitioner for joining the civil service in view of the order dated 23.03.2022 passed by the AFT in O.A. 2670/2021 titled Cpl Ayush Maurya v. Union of India and Ors. which held that the rejection of an application on account of lack of Skill Grade `A' was improper, and also directed the petitioner to apply to the respondents for discharge, whereafter, his application was dismissed by the Group Captain Personnel Airmen vide order dated 07.03.2023.

6. Thereafter, the learned AFT dismissed O.A. 216/2023 vide its impugned order dated 19.04.2023 holding, inter-alia, as under:

a. The provision of seeking prior permission under AFO 33/2017 is an important ingredient and is a mandatory requirement for seeking discharge for joining a civil post.

b. Even if the request of the petitioner to apply online and to participate in the selection process was rejected on account of the website not being updated in the view of the condition of possessing Skill Grade `A' being struck off, which cannot be attributed to the petitioner, the mandate of AFO 33/2017 warranting intimation and seeking NOC after declaration of result of written test and on receipt of interview call letter is a mandatory provision, which was not complied with by the petitioner.

c. There is no reason or justification given by the petitioner for the non compliance and violation of the mandatory provisions under Clause 11 and 12 of AFO 33/2017.

d. Relying upon the judgement passed by this Court in CPL Manoranjan Kumar v. Union of India, 2017 SCC OnLine Del 11865 holding that a member of the IAF must apply and comply with the rules, more so as they are part of a disciplined force, the failure of the petitioner to do so warrants rejection of his petition.

7. Faced with the above, the petitioner has filed the present petition seeking quashing and setting aside of the impugned orders dated 19.04.2023, 07.03.2023 and 16.12.2022 rejecting the grant of NOC and Discharge Order; as also directing the respondents to issue a NOC and Discharge Order to him to enable him to join the civil service; and further to direct the respondents nos. 7 and 8 i.e., The Additional Chief Secretary, Revenue and Disaster Management Department, Government of Odisha and The Chief Secretary, GA & PG (General Administration and Public Grievances) Department, Government of Odisha respectivel