ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR CIRCUIT BENCH AT JODHPUR (Through Video Conferencing)

15.

OA No 169/2025 with MA No 244/2025 No-737842G JWO J Sheerani (Clk GD), S/o Shri Naseem Ahmad, presently serving in No 31 Squadron, Air Force, Jodhpur (Rajasthan), C/o 56 APO …. Applicant Versus

1. The Union of India, through its Secretary, Govt of India, Ministry of Defence, New Delhi – 110011

2. The Chief of the Air Staff, Air Headquarters New Delhi - 110106

3. Air Officer Commanding-in-Chief, South Western Air Command, IAF, Gandhi Nagar (Gujarat)-382042

4. Air Officer Commanding, Air Force Record Office, Subroto Park, New Delhi – 110010

5. Air Officer Commanding, No 32 Wing, Air Force, C/o 56 APO

6. Commanding Officer, …. Respondents No 31 Squadron, Air Force, Jodhpur (Raj)

For Applicant : Mr DS Rathore, Advocate, proxy for Mr DP Dhaka, Advocate For Respondents : Dr Yuvraj Singh, Advocate CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

25.09.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant extension of service to the Applicant for the period from 01.01.2026 to

30.06.2028 in terms of AFO 24/2021.

2. The brief facts of the case, as enunciated by the Applicant, are that the Applicant was enrolled in Air Force on 31.12.1990. The Applicant was promoted to the rank of acting Junior Warrant Officer (JWO) and now he is in Promotion Panel for the rank of substantive JWO. The Applicant had applied for extension of service on 10.01.2024 which was further forwarded to Respondent No 4 on 18.04.2024 duly recommended by his Commanding Officer. However, the same was rejected by Respondent No 4 vide letter dt 06.09.2024. The Applicant again submitted an application dt 16.10.2024 for extension of his service on compassionate grounds through proper channel on 25.10.2024 for submission to the Competent Authority. However, Respondent No 5 (the reviewing authority), did not forward the same to the Competent Authority. The applicant raised an online query on 26.03.2025 before the Competent Authority for re-consideration of extension of service but he did not receive any reply from the Competent Authority. However, Air Force Record Office vide letter No 2024/AFRO/RRD/661 dt 06.09.2024 have intimated that extension of engagement of the Applicant has not been approved by the Competent Authority in terms of AFO 24/2021 and ordered to discharge the Applicant from Service in due course. The Applicant submits that he is a hardworking and disciplined air warrior who performed his duties to the utmost satisfaction of his superiors and has no record of degradation in performance or demonstrated behavior and has not been granted displeasure of any kind during his entire service career and, hence, he cannot be deprived of his right of extension of service without any reasons. The Applicant submits that similarly placed persons, viz., Sgt I Ali of 750 Signal Unit and Sgt P Chavan (ADSO) who were in low medical category A4G4(P) have been granted extension of service, whereas the Applicant has been denied the same without any reasons which is violative of principles laid down by Hon’ble Supreme Court judgment dt 17.10.2014 in CA No 9849/2014 in the case of State of UP & Ors Vs Arvind Kumar Shrivastava & Ors. In view of the aforesaid averments, the Applicant submits that the denial of extension of the Applicant from service without any reasons is ex-facie illegal, arbitrary, unlawful and infringement of constitutional, legal and fundamental rights and filed the present OA for directing the Respondents to sanction extension of service of the Applicant.

3. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that Air Force Instruction (AFI) 12/S/48, as amended from time to time and superseded by AFI 01/2019 stipulates the terms an