Delhi High Court
Suman Kumar Verma vs Union Of India And Ors on 11 January, 2024
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: January 11, 2024
+ W.P.(C) 4003/2021
(13) SUMAN KUMAR VERMA ..... Petitioner
Through: Mr. Ankur Chhibber, Mr. Anshuman
Mehrotra, Mr. H.S. Tiwari, Mr.
Nikunj Arora, Mr. Arjun Panwar, Mr.
Amrit Koul, Ms. Samriddhi Bhatti,
Advs.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra,
Mr. Alexander Mathai Paikady and
Mr. Krishnan V., Advs. for UOI
Sqn. Ldr. M.N. Khan, MWO Ashok
Janged, Sgt. Vikash Kumar and Sgt.
Ashok Kumar.
Ms. Padmapriya and Mr. Rishabh
Sancheti, Advs. for R4.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE SAURABH BANERJEE
V. KAMESWAR RAO, J. (ORAL)
1. This petition has been filed by the petitioner with the following
prayers:
"In view of the above, it is therefore most respectfully prayed that
this Hon'ble Court may be pleased to:
KUMAR YADAV W.P.(C) 4003/2021 Page 1
i. Issue a Writ of Certiorari for quashing and setting aside of
Clause 6 of AFO No. 33/2017, being arbitrary, unreasonable
and discriminatory to the extent it categorizes similarly situated
personnel by two different yardsticks by discharging only those
airmen who have been selected for a civil post advertised by
Union Public Service Commission or State Public Commission
and for quashing of the remark endorsed by the Section Officer
and Air Officer Commanding in the application dated
04.02.2021 to the extent it mentions that the Petitioner does not
fulfil the criteria by the petitioner as laid down by the
AFO33/17; and
ii. Issue a Writ of Mandamus directing the Respondents to issue
discharge from service to the Petitioner for joining to the post of
Assistant Professor in the subject of History in the University of
Jammu and also grant the same relief as granted vide judgment
dated 11.03.2020 in W.P.(C) No. 634/2020 titled as Subhash
Chand v Union of India, vide judgment dated 05.08.2020 in
W.P.(C) no. 3311/2020 titled as Sonu v Union of India and Ors.
and other catena of judgments passed by this Hon'ble Court.
iii. Pass any such orders as the Hon'ble Court may deem fit in
the light of above mentioned facts and circumstances of the case.
2. The grievance of the petitioner is that the respondents are not
releasing / giving, him the NOC to join the civil post of Assistant Professor
(History) in the University of Jammu. Though the respondents, more
specifically respondent Nos. 1, 2 and 3 have contested the case of the
petitioner on various grounds but during the course of hearing, it transpires
that the petitioner shall complete 20 years of service in the Indian Air Force
on January 11, 2024, and shall stand discharged on January 31, 2024. In
fact, we have been informed that, the discharge order has already been
KUMAR YADAV W.P.(C) 4003/2021 Page 2
issued. It is also agreed that the petitioner shall be discharged on January 31,
2024.
3. Mr. Ankur Chhibber, learned counsel appearing for the petitioner
submits that, on his discharge from the respondent Air Force, petitioner shall
join the position of Assistant Professor in the University of Jammu within a
period one week thereafter.
4. Suffice to state, the counsel for respondent No.4 / University of
Jammu submits that the appointment of the petitioner as Assistant Professor
is still valid because of the stay order operating in this petition. It is made
clear that, if the petitioner does not join the post within one week on
discharge, the appointment shall stand cancelled, as we have been told by
the counsel for the respondent No.4 that the position is vacant since 2021.
Mr. Chhibber states that the aforesaid shall satisfy the grievance of the
petitioner in the petition and the petition be disposed of. It is ordered
accordingly.
Dismissed as infructuous.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 11, 2024/jg
KUMAR YADAV W.P.(C) 4003/2021 Page 3
