Noc from air force for applying in civil post
Rahul Jadav
(Querist) 24 September 2015
This query is : Resolved
Sir, I m servicing in the indian air force since last 6 years. currently i m 27yrs old and i was 21 when i joined the service. my query is regarding permission to apply in civil post. Air Force orders are getting changed after specific tenure (as like other forces & govt organization in india for their smooth departmental administration) in which they hve mentioned rules regarding the same matter. earlier a person could join the civil govt organization if they were clearing any exam which was offering higher pay scale compared to current irrespective of class-I, II & III, however now air force have changed the AFO which says that a person can apply for the civil post only for the class-I (15600-39100) job as earlier it was different. now my point is when we join the armed forces or air force as per 6th pay commission as class-III (5200-20200 ) and there is no possibilities to get class-I pay band if we continue the service( except commissioning ) up to 57-58 years so indirectly we are getting compared with the pay band of class-I at the time of applying for the civil post which we will never get in the service. It is not possible to clear UPSC or other class-I positions for the soldiers while performing defence duties. But we soldiers also hve equal rights to progress in our career as like other citizen of india.
As per AFO we can apply for civil post only after 7yrs of service and that is also only for class-I, so that means a soldier is nt eligible for other class-II or higher than his current scale job.
here is the link of news artical for the related matter: http://zeenews.india.com/news/nation/dont-be-unfair-with-airmen-tribunal-tells-air-force_655609.html
P. Venu
(Expert) 25 September 2015
Have you represented against the change of rules?
Rahul Jadav
(Querist) 25 September 2015
Sir, where to represent?? In service there is no option to represent against any newly formed policy as in service its AFO (AIR FORCE ORDERS) and there is no way to represent against the orders. My applicatiom will be rejected from unit level it self with remarks tht as per new AFO i cant apply for any civil post other thn class1. So now only one option left, to through the legal channel of indian constitution.
Sudhir Kumar, Advocate
(Expert) 25 September 2015
if you feel AFO is unconstitutional you can challange it is High Court.
Rahul Jadav
(Querist) 25 September 2015
sir, i m not sure but recently i heard some news regarding judgement of SC that the judgement given by armed forces tribunal court cant be challenged in any high courts in india. still i didn't file any written application regarding above said matter. this is the reason why i m seeking advise from experts like you regarding which step i should take further in this kind of matter as i have to take permission in beginning it self to just apply to civil post, sitting in the exam and to get NOC is long way ahead but as per AFO my application will be rejected for seeking permission to even apply for the civil post at unit level it self as per new AFO.
Will be waiting for the kind replies/advices from the experts on this site
alexander
(Expert) 25 September 2015
put a statutory complaint (Redressal of Grievances) addressed to the Air Chief through proper channel. you will get the just and proper action
P. Venu
(Expert) 25 September 2015
The Air Force Act contains provisions for making the complaints, as stated by the learned expert Mr. Alexander. If rejected, you can approach the Armed Forces Tribunal.
Sudhir Kumar, Advocate
(Expert) 25 September 2015
Read
"sir, i m not sure but recently i heard some news regarding judgement of SC that the judgement given by armed forces tribunal court cant be challenged in any high courts in india. still i didn't file any written application regarding above said matter. this is the reason why i m seeking advise from experts like you regarding which step i should take further in this kind of matter as i have to take permission in beginning it self to just apply to civil post, sitting in the exam and to get NOC is long way ahead but as per AFO my application will be rejected for seeking permission to even apply for the civil post at unit level it self as per new AFO.
Will be waiting for the kind replies/advices from the experts on this site "
you are not going to do anything.
Rahul Jadav
(Querist) 25 September 2015
Sudhir kumar sir, kindly dnt judge frm the question ans. If i dnt want to do anything thn why should i waste my nd other experts time here. I m here to take guidence before going further in service matter. It is nt going to be a civil case. I cnt upproach directly to the high court or tribunal court without following the channel inside the air force. I m explaining the situation of service if we go through the legal channel inside nd i m expecting the guidence regarding wht kind of steps i can take outside as i knw wht will happn aftr forwarding the application for above said mttr in the service. If its possible to take a copy of rejected application with remarks according to the AFO frm higher authority as a reference to follow ligal steps in tribunal court?? Can i apply in civil post aftr denying the permission with remaks of rejection as per AFO with the copy of said application to chellenge it in court??
T. Kalaiselvan, Advocate
(Expert) 01 October 2015
You are simply wasting your time asking a question which has no answer o suit your taste. There are provisions in the Air Force Act and regulations for applying for civil posts while in service. You have to take pain to visit the library of your unit to read the law books containing Air Force Regulation, Air Force Act and the latest amendments in the Air Force Orders etc. This is if you are not willing to take an opinion from an experienced admins personnel f your unit who is well versed with the law relating to your issue. You are actually making mountain out of a mole.
Air Force or any armed force is not against the interest of its soldier's welfare and career. There are lot of privileges and concessions offered to its serving soldiers towards their welfare and bright career ahead. Never be disgusted without making any effort. In fact your query shows that you hurrying to get a spoon fed information without making any effort to know the reality or related laws in this regard, this can be termed as an act of immaturity. Go and sit before your Adjutant and ask him forward your application seeking NOC for applying to higher civil posts competitive examinations. You can ask your section commander to talk to your Adjutant or Commanding Officer to forward your application for NOC to the command Headquarters or Air Force Records Office expeditiously. First exhaust the remedies available locally and then seek advise for further action.
Rahul Jadav
(Querist) 01 October 2015
T kailaselvan sir,
The details u hve mentined regarding to check latest AFO nd to discuss with adjutant nd section commander. Here is the fact:
1. As per AFO 2012 we can apply only for class1 post ( 15600-39100) nt less thn this let it be any organization outside.
2. Whatever post we r applying if It is nt giving above said pay band thn we cnt apply as we hve to attach a copy of advertisement along with application for seeking permission.
3. If the civil post is gazetted bt nt giving pay of 15600-39100 thn as per AFO 2012 this will nt be counted as gazzeted.
4. In air force library, discussion with the adjutant, latest copy of AFO nd air force record office quoting the same conditions which i have mentioned above.
5. Here i m seeking the information regarding how to chellenge AFO, nd as far as soldiers welfare concerns it is all for officers nt for jawans. As it is visible from such kind of policy for applying in civil post nd make boundary for the jawans to develope their career. as there is no rule for officers. They can go anytime by payig their training expenditure. We jawans r also ready to pay our expenditure bt there is no such kind of policies for us.
6. U can find the copy of AFO 2012 on air force official website which is quoting the same rules which i said. As i hve aready gone through with tht.
7. In service, strting from section commander to commanding officer all r quoting the same AFO 2012 regarding to apply in civil post. As per them i cnt apply for the post which is giving less thn 15600-39100.
8. Above mentioned pay band we jawans never going to get till retirement up to 57-58 years (except commissioning)
9. So as per new AFO our progress is limited with one option, that is 15600-39100 pay band.
will be waiting for further points from u sir.
Sudhir Kumar, Advocate
(Expert) 02 October 2015
you can challenge the AFO in high court if it is appearing unconstitutional.
you can challenge the decision in AFT if it is not correctly applied.
Rahul Jadav
(Querist) 02 October 2015
Sir, can i challenge the AFO In any hight court in India or i should approach to specific hight court where i m posted right nw?? Nd i hve to approach tribunal court first or can directly go to high court?
