JUDGEMENT
DEEPAK GUPTA,J. -
(1.) Leave granted.
(2.) Both the appeals are being disposed of by a common judgment since the facts involved are similar and the legal issues involved are identical. Respondent No.1 in both the cases i.e., writ petitioners before the High Court had initially joined service as Airmen in the Indian Air Force. An advertisement was issued by the Union Public Service Commission in May, 2010 inviting applications for filling up of Group 'A' post of Assistant Commandant in the Central Reserve Police Force. Admittedly,
the respondents (i.e., the original writ petitioners) had applied for
this post but it now stands established on record that they had
not sought permission of their higher authorities before
submitting the application. It is not disputed that at the relevant
time the original writ petitioners had not completed 7 years of
service in the Air Force. It is also not disputed that as per Air
Force Order No.14 of 2008 and Air Force Order No. 4 of 2012, a
person employed in the Air Force must seek permission of the
higher authority before applying for any post and is not eligible
for applying for a civil post before completing 7 years of service in
the Air Force.
(3.) The respondents-original writ petitioners were successful in the written examination and were selected. It was only thereafter
that they apprised the higher authorities in the Air Force that
they had applied for a civil job. After appearing in the interview
they were selected but the Air Force did not relieve them on the
ground that they could not have applied for civil employment
without permission of the competent authority and before
completion of 7 years of service in the Air Force.;
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