Personnel from the Indian Air Force (IAF) do not possess an "unqualified right" to leave the service at their will to join civil jobs, the Supreme Court said in a significant verdict on Wednesday.
Upholding the rules of the Air Force, the court said that seeking prior approval for leaving is not just a simple procedural requirement which could be dispensed with, PTI news agency reported.
A bench comprising justices Ujjal Bhuyan and Atul S Chandurkar was hearing an appeal filed by Nakhat Singh, a Corporal in the IAF. The bench noted that strict adherence to the Air Force's procedural requirements for seeking prior permission is mandatory for maintaining operational preparedness. The apex court had, in 2019 too, upheld this air force rule when an airman applied for the post of General Banking Officer in Bank of India without completing the mandatory period of service, according to a Live Law report published at that time.
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‘Seeking prior permission before applying for civil post is not just procedural requirement’
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‘Seeking prior permission before applying for civil post is not just procedural requirement’
{{/usCountry}}Singh, in his appeal, had sought a no objection certificate and discharge after being selected as an Assistant Professor (Hindi) by the Rajasthan Public Service Commission, according to the PTI report.
The SC bench, while deciding on the case, referred to the rules of the Air Force and said the requirements prescribed under them were not merely procedural in nature, adding that compliance to these was mandatory for its personnel.
“The prescription of seeking prior permission before making an attempt to apply for a civil post and the subsequent grant of NOC by the competent authority after such selection cannot be stated to be simple procedural requirements that could be dispensed with at the will of the concerned Airman,” Justice Chandurkar, who authored the judgement, stated. The judge further highlighted the objective behind these requirements, saying they are necessarily connected to the regulation of the premature discharge of IAF personnel from service.
“It must be borne in mind that Airmen are members of the IAF, a disciplined force,” the court added.
Singh, who had completed seven years in service, had applied for a civil post following a November 2020 advertisement for recruitment, PTI reported. He successfully passed the competitive examination and interview stages for the job, but his application for an NOC and discharge in October 2022 was rejected by the Air Officer Commanding.
While rejecting the application, the commanding officer cited a 2017 Air Force order, which stipulated that an airman was required to obtain prior permission from competent authorities before applying for a civil job. Singh had approached the SC after his challenge to the refusal was dismissed by the Armed Forces Tribunal and Delhi high court.