J&K High Court Saves Career of IAF Airman Turned JKAS Officer; Orders ₹3 Lakh Deposit for Rule Breach

In a significant judgment balancing discipline with merit, the Jammu and Kashmir and Ladakh High Court has allowed an Indian Air Force (IAF) airman to continue serving as a Jammu & Kashmir Administrative Services (JKAS) officer — despite technically violating service rules while transitioning to civil services.

Who is Involved?

Petitioner: Himmat Kumar Raina
Respondent: Indian Air Force
Exam Conducting Authority: Jammu and Kashmir Public Service Commission
Presiding Judge: Justice Sanjay Dhar

What Happened?

Himmat Kumar Raina joined the Indian Air Force as a medical assistant on June 27, 2006.
While working full-time in the Air Force, he completed his graduation in 2010.
In 2016, he applied for the Combined Competitive Examination conducted by JKPSC.
His request for permission to appear in the examination was denied by the Air Force.
Despite this, he appeared for the exam and cleared it on merit without coaching.
His name appeared in the JKAS selection list on August 7, 2019.
He was appointed as a Junior Scale JKAS Officer on September 13, 2019, and joined service on October 1, 2019.

Where Did the Conflict Arise?

After selection, Raina sought formal discharge from the IAF to continue in civil services. However:

The IAF rejected his discharge request on November 1, 2019.
The Air Force argued that:
- Under Air Force Order 4/2012, airmen can apply for civil posts only under specific conditions.
- JKAS Junior Scale post was categorized as Group B, not Group A.
- He did not meet certain skill-grade criteria under AFO 33/2017.

This led Raina to approach the High Court.

Why Did the Court Grant Relief?

The court noted:

Raina hailed from a remote militancy-affected village in Doda district.
He came from an economically weak and uneducated family.
He showed exceptional dedication by:
- Completing graduation during service.
- Clearing JKPSC exam without coaching or structured academic preparation.
His service record in the IAF had no disciplinary violations.

The bench observed that denying him permission to continue in JKAS would:

Waste a highly talented officer.
Harshly impact his career.
Discourage merit-driven progress among service personnel.

Conditional Relief Ordered

However, the court emphasized that breach of service rules cannot be ignored.

The High Court Directed:

Authorities to issue:
- No-Objection Certificate (NOC)
- Discharge Certificate

Subject To:

Raina depositing ₹3 lakh with the Indian Air Force within two months of receiving the judgment.

Court’s Key Observation

Re-inducting him into the Air Force after nearly seven years would:

Expose him to disciplinary action.
End his promising civil service career.
Result in wastage of “great talent”.

The court praised his “tenacity and courage” in striving for higher goals despite hardships.

Breaking

J&K High Court Saves Career of IAF Airman Turned JKAS Officer; Orders ₹3 Lakh Deposit for Rule Breach