Delhi High Court
Sgt. J.C. Singh And Ors. vs Union Of India (Uoi) And Ors. on 15 September, 1998
Equivalent citations: 1998(47)DRJ387
Author: K. Ramamoorthy
Bench: K. Ramamoorthy
JUDGMENT K. Ramamoorthy, J.
1. In all these writ petitions the petitioners are airmen in the Indian Air Force. Earlier a few of the airmen had challenged the action of the respondents in declining to grant extension of their services. The matter was fully argued by Mr. Narender Kaushik, the learned counsel for the petitioners, in CW.3117/98 and I had dealt with the same. The same points are taken in this batch of writ petitions. Therefore, it is not necessary to cover the whole ground again. The ratio in that judgment would apply to the facts of these cases. Therefore, all these writ petition stands dismissed.
2. The writ petition No.4591/98 came up for admission, wherein the same points have been taken. This is also dismissed.
3. Mr. Narender Kaushik, the learned counsel for the petitioner, produced, while arguing the matter for admission in CWP 4591/98, the letter dated the 30th of May, 1998 issued by the Government of India, which reads as under:-
"Sub: Ages of retirement of Air Force Officers and Personnel Below Officers Rank including Medical, Dental & Nursing Branches."
Sir, I am directed to refer to para 6 of the Ministry of Personnel, Public Grievances & Pension, (DOP&T) O.M. No.25012/2/97-Estt(A) dated 13.5.98 and to say that the modalities of the implementation of order regarding retirement age of Air Force personnel by two years are under active consideration of the Government and the orders on the same will be is sued shortly. In the meantime, the President is pleased to defer the retirement of all Air Force personnel who are to retire on 31.5.98 and thereafter till final orders are issued except the following categories:-
(a) those proceeding on voluntary retirement;
(b) those seeking retirement on compassionate grounds;
(c) Airmen who do not opt for further engagement;
(d) those who have already retired;
(e) those who are on extension in service beyond the stipulated retirement age on the date of issue of these orders; and
(f) Lt Gen & equivalent of Armed Forces Medical Services who have attained their stipulated age of retirement viz, 60 years,
2. As and when final orders are issued, the same will be deemed to have been issued from the date of issue of this letter and the relevant Rules/Regulations will be amended accordingly.
3. These orders are not applicable to Air Force personnel permanently seconded to DRDO, Inspecting Organisations etc."
4. If the Government had decided to extend the services of the airmen, as mentioned by Mr. Narender Kaushik, the learned counsel for the petitioner, it shall be open to the petitioners to approach the Government.
5. There shall be no orders as to costs.