The Court noted that the officers had put in long years of service for the IAF and had excellent track records.
In view of the same, it observed that the appellants who moved Delhi High Court soon after the 2010 judgment and also soon after their release should not be denied the benefit emanating from the judgment.
However, keeping in mind that they were released between 2006 and 2009, the Court ruled that their reinstatement was not viable.
“They have put in long years of service for the IAF. IAF authorities submitted that officers had an excellent track record. In this backdrop we are of the view that this batch of officers who moved HC soon after the 2010 judgment and soon after their release should not be denied benefit which emanates from the judgment and at same time court cannot be oblivious that they were released from 2006 to 2009 and this reinstatement would not be viable keeping in mind armed force exigencies but we are of the view they officers should be considered for pensionary benefits and we direct so under Article 142. Pension would be in accordance with human resource policy,” the Court said.
Source: Barandbench
