COURT NO. 1, ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Video-Conferencing) O.A. No. 2670 of 2021 In the matter of: Cpl Ayush Maurya ... Applicant Versus Union of India & Ors. ... Respondents For Applicant : Shri Ankur Chhibber, Advocate For Respondents: Shri Harish V. Shankar, Advocate WITH O.A. No. 2716 of 2021 with M.A. No. 163 of 2022 In the matter of: Sgt Kuldeep Kumar Vibhuti ... Applicant Versus Union of India & Ors. ... Respondents For Applicant : Shri Ankur Chhibber, Advocate For Respondents: Shri Harish V. Shankar, Advocate CORAM : HON’BLE MR. JUSTICE RAJENDRA MENON, CHAIRPERSON HON’BLE LT GEN P.M. HARIZ, MEMBER (A) ORDER M.A. No. 163 of 2022: There being delay in filing the counter affidavit, through this application, respondents pray for condonation of delay. For the averments made therein, the application is allowed. Delay is condoned and the counter affidavit is taken on record. Accordingly, MA stands disposed of. O.A. No. 2670 of 2021 and O.A. No. 2716 of 2021 : Both the applicants, who are serving NCOs of the Indian Air Force (IAF), have filed applications under Section 14 of the OA 2670/2021 Cpl Ayush Maurya & OA 2716/2021 Sgt Kuldeep Kumar Vibhuti y= L— .Armed Forces Tribunal Act 2007, having been aggrieved by the fact that they were denied departmental NOC for applying for a civil post under the Central and State Govts., based on the criteria that they lack ‘Skill Grade A’ as laid down in AFO 33/2017. While the applicant in OA 2670/2021 applied for NOC to apply for the Civil Services under Union Public Service Commission (UPSC), the applicant in OA 2716/2021 applied for NOC for a job under the Bihar State Govt. Both have made identical prayers, in that the remarks endorsed on their respective applications for NOC stating that the applicant does not comply with the criteria as per current policy and thus was not recommended for grant of NOC be quashed; and that the requisite NOC be issued. 2: Since the issue to be adjudicated in both the OAs are the same, they are being disposed of with this common Order, treating OA 2670/2021 as the lead case. The applicant in OA 2670/2021 has made the following prayer :- (a) Quash the remarks on 08.10.2021 by the officials of the Respondents on the application dated 30.09.2021 submitted by the Applicant that he does not comply with the current policy and thus not recommended and to west aside Clause 6 of AFO 33/17 for being arbitrary and unreasonable. (b) Direct the Respondents to issue NOC and discharge the Applicant from the post of Corporal so as to allow him to join the post he shall be allocated and also grant the same relief as has been granted by the Hon’ble High Court of Delhi in catena of judgments on the issue and affirmed by the Hon’ble Apex Court. OA 2670/2021 Cpl Ayush Maurya & OA 2716/2021 Sgt Kuldeep Kumar Vibhuti —— fBrief Facts of the Case 3. The applicant was enrolled in IAF in 2010 and was promoted as Corporal in December 2016. An accomplished sportsman, due to an injury sustained during sports, the applicant was placed in permanent LMC A4G3(P) in September 2017. It is the applicant’s case that due to his involvement he could not upgrade his skill category. It is also the applicant’s case that the initial policy on criteria for seeking civil employment in Central/ State Govts had been periodically amended and that the policy currently in vogue is AFO 33/2017 which states that an individual should have a minimum of seven years of service and Skill Grade ‘A’. Based on the UPSC advertisement dated 12.02.2020 for various civil services, the applicant applied for the preliminary examination. The applicant successfully cleared the selection process and the final results were declared on 24.09.2021. At each stage, the applicant’s effort to apply on line for the NOC did not materialise as the system would not accept his case as his skill grade was not ‘A’. Thus, the applicant submitted an offline application dated 30.09.