RAJIV SAHAI ENDLAW,J. - (1.)The petitioner, a Corporal with the respondents Indian Air Force (IAF), has filed this petition (i) impugning Clause 6 of the Air Force Order (AFO) No.33/2017, as arbitrary, illegal and unconstitutional; and, (ii) seeking mandamus, directing the respondents no.1 to 3 IAF to issue No Objection Certificate (NOC) to the petitioner, with immediate effect, in view of the petitioner having been selected to the post of Assistant Manager, Scale-I in respondent no.4 Gramin Bank of Aryavart.
(2.)The petition came up before this Court first on 24th May, 2019, when notice thereof was ordered to be issued and counter affidavit directed to be filed, also explaining the rationale behind the Policy framed by the respondents IAF vide AFO No.33/2017, particularly in relation to the laying down of the eligibility criteria for the Airmen and Non-Combatants (Enrolled) [NC(E)] for grant of NOC for release from the IAF for joining civil posts. Thereafter, on 13th September, 2019, an official from the respondent no.4 Gramin Bank of Aryavart appeared before the Court and stated that the respondent no.4 Bank was willing to extend the time for the petitioner to join, up to 31st October, 2019. On 24th October, 2019, the petitioner stated that without prejudice to his contentions, the petitioner will apply in terms of Air Force Instruction No.1 dated 2 nd September, 2019, seeking discharge on the ground of medical unfitness and vide order of 24th October, 2019, it was directed that the said application, if made by the petitioner be considered within four weeks and decision thereon be communicated to the petitioner. On 18th December, 2019, the counsel for the respondents IAF informed that vide order dated 17th December, 2019, the request of the petitioner for being discharged on the ground of medical unfitness, had been rejected. Thereafter the petitioner amended the petition, to also challenge the said order.
(3.)Pleadings have been completed.