Govind Mathur, J. - (1.) THE petitioner, an Airman, on completion of seven years service, claimed for No Objection Certificate to apply for civil post under Central Government. The same was denied, thus, this petition for writ is preferred.
(2.) THE facts noticeable are that as per Air Force Order (hereinafter referred to as "the AFO") No. 5/2003, an Airman, on completion of seven years of engagement, may be permitted to apply for civil post under Central/State Governments and Public Sector undertakings. For getting permission as aforesaid, the Airman desirous to apply for civil posts, may submit an application i.e. required to be considered by the Command Headquarters. The issuance of No Objection Certificate is a privilege and that cannot be claimed as a matter of right within the engagement period of 20 years. The petitioner faced selection proceedings for appointment as Inspector, Income Tax and stood selected, thus, applied for discharge from the Air Force, but that was denied by the respondents, hence this petition for writ is preferred. The denial for discharge is called bad by alleging that there is no service exigency making necessary for retainment of the petitioner with Air Force. A challenge is also given to the AFO No. 5/2003 to the extent it prescribes that issuance of the No Objection Certificate is a privilege and that cannot be claimed as a matter of right within the engagement period of 20 years. As per the petitioner, the object of the AFO No. 5/2003 is to provide better avenues in service career and, therefore, any restriction imposed for discharge from the force is contrary to the intention of legislating the AFO.
(3.) PER contra, the stand of the respondents is that the petitioner is in the trade of Radar Fitter and that is facing men power deficiency. No discharge, therefore, is possible, as claimed by the petitioner.;