DHANANJAYA Y CHANDRACHUD, J. - (1.) Civil Appeal Nos 4605-4606 of 2019 (D No 27372/2015): These appeals arise from a decision of the Armed Forces Tribunal AFT dated 11 April 2012 together with its order dated 25 May 2012, declining to review the initial decision.
(2.) The appellant was enrolled on 12 January 2004 as an Airman in the Indian Air Force IAF. His regular engagement was to come to an end on 11 January, 2024. An advertisement was issued by the Bank of India on 7 August 2010 inviting applications for filling up 2,000 posts of Probationary Officers. While posted at the Three Base Repair Depot, the appellant responded to the advertisement and applied for the post of General Banking Officer in the pay scale of Rs 14,500- 25,700 in August 2010. The appellant did so without completing the mandatory period of service of seven years. Moreover, he did not obtain the prior permission of his unit authorities. This was (according to the Air Force authorities) in breach of the provisions of Air Force Order 14/2008 which was then in force. The appellant applied for the issuance of a No Objection Certificate NOC and a Discharge on 30 May 2011. By then he had appeared at the written test held by the Bank on 16 March 2011 and for an interview at which he was declared to be successful. His application for an NOC and discharge was forwarded to the competent authority at Air Headquarters by the Headquarters Maintenance Command on 4 July 2011. On 28 July 2011, the appellant received an order of appointment as a Probationary Officer with the Bank. On 16 August 2011, he moved the AFT OA 1182/2011 at its Regional Bench in Chandigarh seeking directions for the grant of an NOC and for discharge from the IAF to join a civil post with the Bank of India. On 18 August 2011, the AFT issued an interim direction to the IAF authorities to provisionally issue an NOC and to discharge the appellant so as to enable him to take up the new assignment before 24 August 2011. This was subject to the condition that in the event of his OA being dismissed, the appellant would have to give up his appointment and join the IAF within a reasonable period of time failing which he would be liable to action as a deserter absent without leave. On 2 September 2011 after the rejection of an application for review filed by the Air Force authorities before the AFT and faced with a contempt petition, Air Headquarters issued a provisional NOC to the appellant permitting him to take up the appointment in a civil post of a General Banking Officer (JMG Scale-I) with the Bank of India. A discharge order was issued on 20 September 2011 on a provisional basis on the conditions stipulated by the AFT. The appellant joined Bank of India on 24 September 2011.
(3.) A Civil Appeal Civil Appeal D No 38467/2012 was filed by the Union of India in this Court to assail the interim order of the AFT. On 12 March 2012 this Court directed the Air Force authorities to dispose of the application submitted by the appellant on 30 May 2011 for an NOC and discharge. The application was rejected on 26 March 2012. The order of rejection, in so far as is material, is extracted below: "(a) You had applied for the civil post directly without obtaining prior permission of your Commanding Officer that too before completion of mandatory period of seven years of service in the IAF in violation of AFO 14/2008. (b) Both the above acts amount to indiscipline. (c) The pay scale of the civil post applied by you is Rs 14,500-25,700 which is not equivalent to Group ­"A" as per Air HQ/S 40726/PA(RC) dated 22 May 2009 read with AFO 14/2008. As per referred letter dated 22 May 2009 the post is equivalent to Group ­"C" Govt Post for which an airman belonging to a trade not having critical manning is eligible to apply only on completion of 15 years of service. On completion of 18 years of service, one can apply for any post, irrespective of critical manning in respective trade, provided he had rendered unwillingness/denied extension of service. (d) You belonged to Air Frame Fitter trade which is having critical manning. (e) At the time of applying for the said post, your trade was having critical manning, also you had not completed 15 or 18 years of service which is mandatory for applying for Group ­"C" Govt posts and equivalent posts in PSUs." On 9 April 2012, when his OA came up before the AFT the Air Force authorities had already passed an order rejecting his application. Hence on 11 April 2012 the OA was dismissed as having become infructuous, though with the observation that the "interim order dated 18 August 2011 will have its force". The appellant's review application was dismissed on 25 May 2012. On 2 June 2012, the appellant filed writ proceedings CWP 11861/2012 before the High Court of Punjab and Haryana. He was protected by an interim order dated 15 June 2012, against being treated as a deserter. On 22 June 2012 Air Headquarters cancelled the provisional NOC dated 2 September 2011 and the provisional discharge issued in compliance with the order of the AFT dated 11 April 2012 noting that an order of reinstatement in the service of the IAF was issued on 18 June 2012, to take effect from 16 July 2012. The appellant was called upon to join duties at his last unit, Three Base Repair Depot, failing which it was stated that he would be liable to disciplinary action.;