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2026 Supreme(J&K) 257

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Himmat Kumar Raina – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sunil Sethi, Sr. Advocate with Mr. Vaibhav Gupta, Advocate.
For the Respondent:Mr. Vishal Sharma, DSGI with Mr. Sumant Sudan, Advocate.

JUDGMENT :

SANJAY DHAR, J.

01. The petitioner, through the medium of the present petition, has challenged order dated 01.11.2019 issued by respondent No. 2 whereby his request seeking his discharge from Air Force has been rejected. The petitioner has also sought a direction upon respondents No. 1 to 7 to release him from Air Force service by issuing necessary discharge certificate so as to enable him to continue in Junior Scale of the Jammu and Kashmir Administrative Service. A further direction, restraining respondents No. 1 to 7 from taking disciplinary action against the petitioner for joining gazetted service of Junior Scale KAS, has also been sought by the petitioner.

02. The facts emanating from pleadings of the parties are that the petitioner was enrolled in the Indian Air Force on 27.06.2006 and his regular engagement with Indian Air Force is due to expire on 26.06.2026. It appears that the petitioner had joined the Indian Air Force after acquiring the qualification of intermediate as a Medical Assistant. It further appears that during the course of his employment, the petitioner completed his graduation in the year 2010. In the year 2016, the petitioner, in response to notifi

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