- (1.) The case of the petitioner is that he was commissioned in the Indian Army and posted with 1821 Rocket Battalion (Artillery Regiment) as Lieutenant in 2006. He earned his wings on 18.11.2010. He pleads that in the Aviation Wing, an officer has to complete his CR (Combat Ready) Syllabus which is to be spanned within 6-8 months of being posted there. It is the duty of the Flight Commander and Squadron Commander to ensure that an officer deputed completes his CR Syllabus within the stipulated time frame of 6-8 months. Till date the petitioner has completed 108 hours of solo and about 18 hours as co-pilot flying. Petitioner has been in the present unit for more than two and half years but has not been given even a chance to appear in the GEB and neither his CRS has been completed. The petitioner has alleged vendetta and bias of respondent No.3 who is Lieutenant Col. in the Army against him. It is his case that because of bias and vindictiveness, the petitioner has not been able to complete the stipulated hours of flying as required to complete the CRS which remain incomplete. He claims that aviators in Army Aviation who joined the Squadron after him and his juniors in the Army have completed their CRS in the stipulated period of 6-8 months and have been categorized successfully. The petitioner remonstrates that career has been destroyed by the 3 rd respondent who has made constant wrong entries in the Blue Book/Log Book of the petitioner that have to be filled and remarks of the Flight Commander and Squadron Commander recorded therein. He pleads that he is one of the finest pilots the Army has and for this reason, he has been deployed time and again to fly the Army Commander who is listed in the category of Very Important Persons by the Government of India which is a measure of his expertise.
(2.) The petitioner has approached this Court against the order dated 09.05.2013 (P-5) which posts him out of aviation wing to his parent artillery unit without any justification or valid reason and without any prior warning given to him. He imputes the 3 rd respondent as behind this order.
(3.) The prayer is made for quashing of the order and for permitting the petitioner to complete what remains of the course which is not much according to him. His complaint is that an aviator is required to have 38.5 flying hours to his credit but he has been denied flying duties by the 3 rd respondent dileberately and persons who joined later have been allowed to complete their course namely, Major Divedi, Capt. Dhankar and Capt. Joshi who joined in June 2011 and November 2011 while the petitioner joined the course in November 2010 but he has been singled out for adverse treatment and has not been allowed to complete this course.;