Airman seeks to be allowed to join as Assistant Labour Commissioner in U.P.
The Delhi High Court has directed the Indian Air Force (IAF) to grant Discharge Certificate to an Airman so that he is able to join as Assistant Labour Commissioner in Uttar Pradesh.
A Bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon gave the direction on a plea by Mr. Krishna Kant Yadav, an Airman in the IAF, seeking to be allowed to join the post for which he has been selected in the recruitment process held by Uttar Pradesh Public Service Commission (UPPSC).
Mr. Yadav had said he enrolled as an Airman on October 1, 2008 and underwent basic training and thereafter trade training of Accounts Assistant.
He contended that when he applied for the post, the IAF rule was in vogue which provided for permission to Airmen to apply for civil posts or services under Central and State government and Public Sector Undertakings (PSUs) in Group ‘A’ or equivalent posts, on completion of seven years of service with IAF.
The IAF, on the other hand, argued that Mr. Yadav participated in the recruitment process of respondent, UPPSC, without permission or No Objection Certificate.
The IAF said that during 2015-2019, approximately 2,706 trained Airmen left service, before initial term of engagement of 20 years and it resulted in shortage of trained manpower.
It said that Mr. Yadav was enrolled in the IAF for an initial term of 20 years. It said that discharge of Airmen prior to completion of their regular engagement is bound to affect the manning level in the respective trades of the IAF and has an adverse impact on the operational preparedness of the IAF.
The High Court, however, emphasised that the IAF, in its detailed counter affidavit, has not pleaded it needed Mr. Yadav or cannot let go of him “for the reason of being required/needed by the respondents IAF for the service of the country”.
Had that been so, it could have been said that Mr. Yadav was not entitled to an order directing the IAF to discharge him or to grant an NOC, the High Court said.