From Air Force to JKAS officer: Jammu and Kashmir and Ladakh High Court’s relief for airman who broke rules to chase dreams

Wastage of ‘great talent’

• Not only this, due to his brilliance, the petitioner obtained the requisite merit in the Combined Competitive Examination and made it to J&K Administrative Service without any formal coaching and without any regular studies.
• This attitude of the petitioner and his urge to attain higher goals and excellence in his career is required to be appreciated and encouraged, the court noted.
• Even while performing his duties with the IAF, the petitioner had shown great dedication.
• It is recorded in the said recommendation that the petitioner had no disciplinary violations in his service, meaning thereby that while performing the job as an airman, he has not given scope for any complaints.
• He has potential to attain great heights in his career.
• Denying him permission to continue his service as an officer of the Jammu and Kashmir Administrative Service would work very harshly against him.
• In fact, it would discourage and dishearten him immensely, that would lead to wastage of a great talent.
• The petitioner left the IAF in 2019 and since then about seven years have elapsed.
• Therefore, no purpose will be served in directing his re-induction to the IAF as the same would expose him to disciplinary action and would also end his excellent career in the J&K Administrative Service.

Conditional relief

• Yet, the court was equally clear that Raina could not be permitted to “go scot free” after breaching service conditions.
• The high court directed the authorities to issue a No-Objection Certificate (NOC) and discharge certificate, subject to Raina depositing Rs 3 lakh with the IAF within two months of receiving the judgment.

Journey shaped by hardship

• Himmat Kumar Raina enrolled in the Indian Air Force on June 27, 2006, as a medical assistant.
• His engagement was scheduled to run until June 26, 2026.
• Hailing from a remote, militancy-infested village in Doda district during his schooling years, he grew up in an economically weak family.
• His parents were uneducated, and regular college education was beyond reach.
• Joining the IAF was both a necessity and an opportunity.
• While performing full-time duties in the IAF, Raina completed his graduation in 2010.
• In 2016, without enrolling in any coaching institute and without the benefit of structured academic preparation, he applied for the Jammu and Kashmir Combined Competitive Examination conducted by the J&K Public Service Commission.
• He sought prior permission from the Air Force authorities on June 20, 2016.
• That permission was denied.
• However, Raina appeared in the examination, and cleared it on merit.
• His name appeared in the selection list issued on August 7, 2019.
• The government of Jammu & Kashmir appointed him as a junior-scale JKAS officer through an order dated September 13, 2019.
• He joined on October 1, 2019.

Discharge refused, legal battle begins

• After his selection, Raina applied for discharge from the IAF so he could formally continue in civil service.
• His request was rejected by an order dated November 1, 2019.
• This prompted him to approach the high court.
• The IAF argued that they were bound by the governing rules.
• Under Air Force Order 4/2012, an airman can apply for civil posts only if he has completed seven years of regular service (which Raina had).
• Air Force Order (AFO) 04/2012, issued by the Indian Air Force on May 31, 2012, governs the rules and procedures for airmen and Non-Combatants (Enrolled) to apply for civil posts under central/state governments, public sector undertakings (PSUs), and Government of India undertakings/corporations.
• The post falls under Group ‘A’ or equivalent category.
• The junior-scale JKAS post, carrying a grade pay of Rs 4,800, was classified as Group ‘B’ when equated with central government scales.
• A subsequent order (AFO 33/2017) also did not help him, as he did not meet certain skill grade criteria.