Back
V. KAMESWAR RAO, SAURABH BANERJEE
Sgt Muralidhar Pakal Af Fit – Appellant
Versus
Union of India And Others – Respondent
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, wh
Compliance with mandatory provisions of AFO 33/2017 is essential for seeking NOC and Discharge Order for joining a civil post.
Compliance with AFO 33/2017 requirements for seeking permission to apply for a civil post is mandatory for air force personnel.
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....
An employee possesses an inherent right to resign from service, which cannot be unilaterally denied by the employer based on groundless assertions of staff shortage or operational exigencies absent s....
The main legal point established in the judgment is that the resignation of a member of the CRPF should not be accepted hastily, disregarding the mandatory notice period, and the appointing authority....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
