Violation of natural justice and illegality of appointment contrary to the provision of the Act, Statutes, Rules, and Regulations.

Heard Sri C.D. Bahuguna, learned counsel for the petitioner and learned standing counsel for Union of India, who has accepted notices on behalf of respondents.

2. By means of this writ petition, the petitioner has prayed to issue a writ in the nature of Certiorari quashing the order dated 19-11-2001 by which the appointment / promotion of the petitioner has been cancelled by the Headquarter, Central Air Command, IAF, Bamrauli, Allahabad. The petitioner has further prayed to issue a direction to respondents to pay special costs to the tune of Rs. 20,000/- to the petitioner for unnecessarily harassing him and compelling him to spend his energy and money in approaching this Court for redressal of his grievances.

3. The brief facts of the case are that father of the petitioner was in the Indian Air Force on the post of Junior Warrant Officer. He died in harness on 16-07-1994. After the death of petitioner's father, petitioner applied for appointment in Group C post on compassionate ground in the year 1994. As he was qualified for the Group C post he had applied according to his qualification for Group C post. Since there was no post vacant in Group C with the Department, petitioner was provided appointment in Group D post. Having left with no other option, petitioner accepted the appointment on Group D post and joined his duties as Group D employee with the department.

4. On 07-09-2001, the Headquarter, Central Air Command, IAF issued a letter for allotment of vacancy of LDC reserved for Group D employees. By the aforesaid letter, it was provided that the vacancy will be filled up through departmental competitive examination. As per instructions, contained in the letter under reference and it was desired that all relevant instructions on the subject may strictly be followed while selecting the eligible candidates. It was also stated in the aforesaid letter that the completion report and particulars of selected candidates be forwarded to Headquarter latest by 20-09-2001 without fail and if the vacancy is not filled up within the stipulated time the same will be withdrawn.

5. Six applications, including the application of the petitioner, were received by the Board of Officers, at 789 Signal Unit, Nainital for promotion to group C post through departmental competitive examination. However, out of 6 candidates 5 candidates appeared in the examination. Petitioner acquired highest marks in the written test, typing test and interview among the five candidates, who appeared in the examination and consequently, the Board of Officers recommended the name of the petitioner for appointment / promotion from Group D post to Group C post of LDC and the board proceedings was approved by the Station Commander, 789, Signal Unit, Air Force, Nainital and appointment / promotion letter was issued to the petitioner on 14-09-2001 and information was also sent to the Headquarter as desired by the Headquarter in its letter dated 07-09-2001 to the effect that petitioner has been promoted as LDC with effect from 14-09-2001 in the pay scale of 3050 - 75 - 4950 - 80 - 4990. The Headquarter, Central Air Command, IAF, Bhamrauli Allahabad vide its letter dated 20-09-2001 communicated the information regarding promotion of the petitioner to the post of LDC with effect from 14-09-2001 to Air Headquarter, Vayu Bhawan, New Delhi. The Air Force, Central Accounts Office, New Delhi vide its letter dated 25-10-2001 allotted Pass No. 39610 - F to the petitioner so as to enable the Account Office, to release the salary of the petitioner for the post of LDC and accordingly the salary of the petitioner was released. On 09-11-2001 the Headauarter. Central Air Command, IAF abruptly commanded the 789, Signal Unit, Nainital to cancel the appointment / promotion of the petitioner and on the basis of that order dated 09-11-2001 issued by Headquarter, Central Air Command, IAF, the Station Commander, 789, Signal Unit, Nainital issued an order to the petitioner on 19-11-200