Summary
An enrolled Airman had no unqualified right to leave service at will for civilian employment, and applying without prior permission or the required service breached the governing Air Force order. Nevertheless, after almost eight years outside the force under interim orders, Article 142 relief was granted conditionally: a final NOC and discharge would follow payment of ₹3 lakh to the Union. The companion appeal was disposed of on similar terms.
Issues
- Whether an enrolled Airman could claim an unqualified right to civilian employment during his engagement despite the applicable service requirements.
- Whether the long period outside the force under interim orders justified conditional equitable relief.
Provisions considered
- Article 33, Constitution of IndiaThe constitutional setting permitted statutory restrictions on armed-forces personnel to secure proper discharge of duties and discipline; the asserted unrestricted right to leave service was rejected. (¶ 9–15)
- Sections 13–15 and 22, Air Force Act, 1950Enrolment entailed consent to service conditions, and release or discharge required the prescribed authority and manner, rather than unilateral departure. (¶¶ 9–11, 15)
- Clauses 1, 2, 5–7 and 13, Air Force Order 14/2008The applicable regime required service eligibility, prior permission and case-specific NOC consideration in light of service exigencies; issuance was not an unconditional right. (¶ 12–15)
Held
- The appellant applied, took the written examination and attended interview without approval, breaching both his engagement obligations and the governing order. (¶ 13–14)
- Manning requirements, operational preparedness and service interests justified the regulated process. Article 19(1)(g) did not confer an unqualified right to depart at will during engagement. (¶ 15)
- Nearly eight years outside the force under interim protection made reinduction serve little purpose beyond disciplinary action. The Court granted Article 142 relief subject to a monetary deposit, rather than recognising entitlement on the merits. (¶ 16)
Result
Appeals disposed of with conditional Article 142 relief. Appellant to deposit ₹3 lakh with the Union within two months of judgment-copy receipt; final NOC and discharge certificate to issue only after payment and within one month thereafter. Companion appeal disposed of in similar terms. No costs.