VidhiSangh

Supreme Court of India · 03/07/2019

AMIT KUMAR ROY versus UNION OF INDIA & ORS.

[2019] 9 S.C.R. 885 · 2019 INSC 720

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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

  1. Whether an enrolled Airman could claim an unqualified right to civilian employment during his engagement despite the applicable service requirements.
  2. Whether the long period outside the force under interim orders justified conditional equitable relief.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 885.