{"id":641,"date":"2020-04-23T10:30:07","date_gmt":"2020-04-23T10:30:07","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=641"},"modified":"2021-01-17T04:03:20","modified_gmt":"2021-01-17T04:03:20","slug":"a-balance-has-been-sought-to-be-drawn-between-the-interests-of-the-service-with-situations-involving-requests-by-persons-enrolled-to-take-civilian-employment","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/a-balance-has-been-sought-to-be-drawn-between-the-interests-of-the-service-with-situations-involving-requests-by-persons-enrolled-to-take-civilian-employment\/","title":{"rendered":"A balance has been sought to be drawn between the interests of the service with situations involving requests by persons enrolled to take civilian employment."},"content":{"rendered":"\n

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020  <\/strong><\/p>\n\n\n\n

Case:\nAmit Kumar Roy v. Union of India (Civil Appeal no. 4605 \u2013 4606 of 2019)<\/strong><\/p>\n\n\n\n

Facts\nof the case: <\/strong><\/p>\n\n\n\n

  1. The appellant was enrolled on 12 January\n2004 as an Airman in the Indian Air Force. His regular engagement was to come\nto an end on 11 January, 2024. An advertisement was issued by the Bank of India\non 7 August 2010 inviting applications for filling up 2,000 posts of\nProbationary Officers. While posted at the Three Base Repair Depot, the\nappellant responded to the advertisement and applied for the post of General\nBanking Officer in the pay scale of Rs. 14,500 – 25,700 in August 2010. <\/li>
  2. The appellant applied for the post without\ncompleting the mandatory period of service of seven years. Moreover, he did not\nobtain the prior permission of his unit authorities. This was (according to the\nAir Force authorities) in breach of the provisions of Air Force Order 14\/2008 which\nwas then in force. The appellant applied for the issuance of a No Objection\nCertificate 3 and a Discharge on 30 May 2011.<\/li>
  3. By then he had appeared at the written\ntest held by the Bank on 16 March 2011 and for an interview at which he was\ndeclared to be successful. His application for an NOC and discharge was\nforwarded to the competent authority at Air Headquarters by the Headquarters\nMaintenance Command on 4 July 2011. On 28 July 2011, the appellant received an\norder of appointment as a Probationary Officer with the Bank. On 16 August\n2011, he moved the AFT4 at its Regional Bench in Chandigarh seeking directions\nfor the grant of an NOC and for discharge from the IAF to join a civil post\nwith the Bank of India. <\/li>
  4. On 18 August 2011, the AFT issued an\ninterim direction to the IAF authorities to provisionally issue an NOC and\ndischarge appellant so as to enable him to take up new assignment before 24\nAugust 2011. On 9 April 2012, when his OA came up before the AFT the Air Force authorities\nhad already passed an order rejecting his application. Hence on 11 April 2012\nthe OA was dismissed as having become infructuous, though with the observation\nthat the interim order dated 18 August 2011 will have its force. The appellants\nreview application was dismissed on 25 May 2012. On 2 June 2012, the appellant\nfiled writ proceedings 6 before the High Court of Punjab and Haryana. He was\nprotected by an interim order dated 15 June 2012, against being treated as a\ndeserter. On 22 June 2012 Air Headquarters cancelled the provisional NOC dated\n2 September 2011 and the provisional discharge issued in compliance with the\norder of the AFT dated 11 April 2012 noting that an order of reinstatement in\nthe service of the IAF was issued on 18 June 2012, to take effect from 16 July\n2012. The appellant was called upon to join duties at his last unit, Three Base\nRepair Depot, failing which it was stated that he would be liable to\ndisciplinary action.<\/li>
  5. Since the appellant had not received a\nclean discharge certificate, his services were terminated by Bank of India on\n30 April 2014. Challenging his termination, the appellant moved writ\nproceedings 7 in which by an order dated 17 September 2014, the termination was\nstayed. The High Court held that it had no jurisdiction to entertain the writ\npetition filed by the appellant under Article 226 and while leaving it open to\nhim to pursue an alternate remedy before the AFT.<\/li>
  6. The appellant now seeks to challenge the\ndecision of the AFT rendered on 11 April 2012 together with its order dated 25\nMay 2012 declining to review its decision. The AFT came to the conclusion that\nthe OA had been rendered infructuous since in the meantime, in pursuance of the\norders of this Court a speaking order had been passed by the Air Force authorities\non 26 March 2012 rejecting the application for an NOC. In the review order, the\nAFT declined permission to the appellant to amend the OA.<\/li><\/ol>\n\n\n\n

    Judgment:<\/strong><\/p>\n\n\n\n

    1. Mr. Gopal Sankaranarayanan, learned senior\ncounsel appearing on behalf of the appellant submitted that, the appellant has\na fundamental right under Article 19(1)(g) to choose his place of employment.\nThe provisions of Article 19(1)(g) in their application to the members of the\nAir Force are not any different from their application to any other branch of government.<\/li>
    2. Mr. R. Balasubramanian, learned senior\ncounsel appearing on behalf of the Union of India and the Air Force authorities\nsubmitted that, the appellant has proceeded on a misconceived assumption that\nthough he is a member of the Air Force, he is entitled to leave employment at\nhis will in view of the fundamental right guaranteed by Article 19(1)(g). <\/li>
    3. He further submitted that, there is a myth\nthat, a person enrolled in the armed forces of the Union (in this case the IAF)\nis entitled to leave service at will. A person who is enrolled is governed by\nthe discipline of the force. Sections 13,14 and 15 of the Air Force Act 1950\nwould make it abundantly clearly that there is a statutory obligation to serve\nduring the period of engagement, a breach of which would invite disciplinary\naction. <\/li><\/ol>\n\n\n\n

      The appellant in breach\nof the provisions contained in AFO 14\/2008 applied for the post of a\nProbationary Officer with the Bank of India, participated in the written test\nand appeared at the interview without intimation or approval. There was,\ntherefore, a failure of the appellant to comply with his obligations both in\nterms of his engagement as an enrolled member of the force. Therefore, the\nSupreme Court has come to a conclusion that, the appellant is responsible for depositing\nRs. 3 Lakh to Union of India within two months\u2019 period and final NOC and\ndischarge certificate shall be issued only after the amount is deposited.<\/p>\n\n\n\n

      <\/p>\n","protected":false},"excerpt":{"rendered":"

      Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020  Case: Amit Kumar Roy v. Union of India (Civil Appeal no. 4605 \u2013 4606 of 2019) Facts of the case: The appellant was enrolled on 12 January 2004 as an Airman in the Indian Air Force. His regular engagement was to come to […]<\/p>\n","protected":false},"author":152,"featured_media":3144,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[26],"tags":[],"yoast_head":"\nA balance has been sought to be drawn between the interests of the service with situations involving requests by persons enrolled to take civilian employment. - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/a-balance-has-been-sought-to-be-drawn-between-the-interests-of-the-service-with-situations-involving-requests-by-persons-enrolled-to-take-civilian-employment\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"A balance has been sought to be drawn between the interests of the service with situations involving requests by persons enrolled to take civilian employment. - LexForti\" \/>\n<meta property=\"og:description\" content=\"Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 25th February 2020  Case: Amit Kumar Roy v. 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