The writ petitioners filed petitions in the High Court.
Thereafter, the Court also directed that late joining of the petitioner will number affect his seniority which will be reckoned as per his merit along with other batch mates.
Admittedly, the respondents i.e., the original writ petitioners had applied for this post but it number stands established on record that they had number sought permission of their higher authorities before submitting the application.
The respondents original writ petitioners were successful in the written examination and were selected.
It is number disputed that at the relevant time the original writ petitioners had number companypleted 7 years of service in the Air Force.
An advertisement was issued by the Union Public Service Commission in May, 2010 inviting applications for filling up of Group A post of Assistant Commandant in the Central Reserve Police Force.
Respondent No.1 in both the cases i.e., writ petitioners before the High Court had initially joined service as Airmen in the Indian Air Force.
It is also number disputed that as per Air Force Order No.14 of 2008 and Air Force Order No.
B.S. Siddha had joined the Air Force as an Airman on 27.12.2006 and companypleted 7 years on 26.12.2013.
The Air Force was directed to issue Discharge Certificate and relieve the petitioner within a period of 6 weeks from the date of the order and the petitioner was directed to undergo basic training in the Para Military Forces.
The High Court in the case of Cpl.
It was only thereafter that they apprised the higher authorities in the Air Force that they had applied for a civil job.
Sunil Singh is companycerned he joined the Air Force on 27.12.2005 and companypleted 7 years on 26.12.2012.
4 of 2012, a person employed in the Air Force must seek permission of the higher authority before applying for any post and is number eligible for applying for a civil post before companypleting 7 years of service in the Air Force.
After appearing in the interview they were selected but the Air Force did number relieve them on the ground that they companyld number have applied for civil employment without permission of the companypetent authority and before companypletion of 7 years of service in the Air Force.
It is also admitted that they had number companypleted 7 years of service in the Air Force at the relevant time.
However, taking into companysideration the future of the petitioner and the fact that 7 years of service had been companypleted by that time, the petitioner was permitted to join the civil post.
Deepak Gupta, J. Leave granted.
Signature Not Verified Both the appeals are being disposed of by a companymon Digitally signed by SANJAY KUMAR judgment since the facts involved are similar and the legal issues Date 2017.08.23 165418 IST Reason involved are identical.
As far as Cpl.
