• Discharge from Indian Air Force

Sir,i’ve been working in IAF for 10 years.i have lot of domestic problems,I am 29 still unmarried,my younger brother is married to inter cast girl,but she left him bcoz of his unemployment,he is uneducated too,future prospectus of getting a job for him very dim,my father is an alcoholic,daily he beats my mother violently.i want to help them but could not due to my job in remote place,it is very upsetting me,at my work place I could not fit into the organisation especially with my JCO.despite all these worries I actively engaged in academics as a free time teacher,many of my students have become doctors,engineers,lawyers.now sir I believe I have done my best to this organisation till now which is reflected in my AR and Training.now I feel very depressed,and seek discharge from service to help my family and to pursue my education as I don’t have any degree.please help me to get discharge from service sir.
Asked 6 years ago in Labour

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12 Answers

Hello Friend,

If you are currently serving in Indian AirForce Services, it should be feel proud of it that you in Defence service.

Any how now we will come to your family problems which you have narrated above.

1) By leaving current job, your problems will not solve 10% but it will become worst from here. After leaving your job you will become unemployed. Youwill have no work, no work means no income and rest of your family members does not work at all etc etc. So re-think on it and is it the same reasons of leaving the job?

2) I think there is one clause in your service, if you don't take promotions in first fifteen years, than after fifteen years you will get retirement automatically applying it. As of now you have just completed 10 years 5 years remaining check with your agreement policy in the Airforce Office.

3) Consult clerical branch of your unit. They are bound to have copies of all relevant orders/AFO/AFI. Or else you will get copies of orders from AFRO Subroto Park Delhi or Air HQ/DOP.

It is absolutely unfair and unprofessional for an Airman to cause this type of query, on open public forum, instead of checking with your deptt.

There is no point of law involved.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hello,

What are the terms of the employment?

There must be a termination clause for the service vide which you may leave the organisation after serving some notice period.

Share the copy of such agreement.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You have not mentioned whether you joined Air Force as short commissioned officer or as permanent commissioned officer

2) A Short Service Commission means a limited period career in the Air Force.

3) if you joined Ground Duty (Technical) and Ground Duty (Non-technical) branches – The engagement period would be for a period of 10 years.

4) A Permanent Commission means a career in the Air Force till you retire. Permanent Commission Officers continue to serve till the age of superannuation

5) you should continue with IAF as you have job security and your brother is unemployed

6) further your father is alcoholic. A career in air force going bed you steady income and you should not leave your job

7) undergo medical treatment for your depression

8) if you are working as short commissioned officer you can leave after 10 years

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

not mentioned whether you joined Air Force as short commissioned officer or as permanent commissioned officer

2) A Short Service Commission means a limited period career in the Air Force.

3) if you joined Ground Duty (Technical) and Ground Duty (Non-technical) branches – The engagement period would be for a period of 10 years.

4) A Permanent Commission means a career in the Air Force till you retire. Permanent Commission Officers continue to serve till the age of superannuation

5) you should continue with IAF as you have job security and your brother is unemployed

6) further your father is alcoholic. A career in air force going bed you steady income and you should not leave your job

7) undergo medical treatment for your depression

8) if you are working as short commissioned officer you can leave after 10 years

Ajay Sethi

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

There is two policy in IAF to get discharge from service, 1st is AFO 16/2008 and 2nd is AFO 04/2012.

1st one deals with discharge on compassionate ground:

In number of cases AFT as well as High court has granted discharge to the Airmen considering material hardship of their life.

2nd deals with discharge on Civil employment ground:

In number of cases Delhi high court granted discharge to Airmen on selection to civil employment.

Kindly provide your mail I will provide the copy.of relevant AFO 16/2008

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi, if there is no bond that is signed by you for a perticular period , you can provide your resignation and get discharge from the service

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You are bound by the terms of initial engagement bond.

In that you are required to remain with the defence force for the specific period called initial engagement, it may be twenty years.

The reasons what you have stated aren't any special grounds attracting compassionate grounds or an exceptional case warranting discretion by the authorities to accede to your request for discharge.

If your mother is tortured by her husband,she can take legal action against him or you can help her to get legal remedy even from a remote place.

You can write to police through your commanding officer for giving protection to your mother from your father's atrocities.

Your brother is also equally responsible for taking care of your mother.

There is no such post called JCO in Air Force, if you refer to a JWO then you can very well approach your Section Commander for relief and remedy against him.

You can even ask for compassionate grounds posting near your home town to solve your problems.

If you have to study further after 10 years of service in Air Force, you can do it while still employed in Air Force for which you will get permission from the Air Force authorities when you apply for it.

Thus from the above it can be seen that there is no strong ground seeking discharge from Air Force.

Your application for discharge on compassionate grounds is without valid and strong reason or merits, hence may not be entertained.

The civil court cannot interfere in this decision by a wing of the Indian Defence force.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

thanks for your appreciation

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1) I feel very bad that I had inserted hard words in advise, but it is your decision to leave the service on your family ground issues, which you are facing. My only intention was that you shouldn't quit from current position job. Its very hard to come on this level and it won't get easily such type of job. Any how its your decision to quit !!! Jai hind!!!!!

2) below is the discharge procedure as per

THE ARMY ACT, 1950

CHAPTER IV

CONDITIONS OF SERVICE

22.Retirement, release or discharge.

22.Retirement, release or discharge. Any person subject to this

Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.

----------------------------------------------------------------------

1 Subs. by Act 19 of 1955, s. 2 and Sch., for "The Commander-in-Chief".

-----------------------------------------------------------------------

222.23.Certificate on termination of service.

23.Certificate on termination of service. Every junior commissioned officer, warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the

English language setting forth-

(a) the authority terminating his service

(b) the cause for such termination ; and

(c) the full period of his service in the regular Army.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You are welcome for your appreciations;

You can revert with queries related to actual problems, there are solutions for all the situations.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

The law do not see that whether he is uneducated or unemployed.

As per law the other son is also equally responsible to take care of the parents.

In fact you should see what was the prevailing situation at the time of joining Air Force and what subsequently developed.

You can ask your parents to write to Air Force authorities (AFRO) to have you posted in a unit near your home town explaining the circumstances and their helplessness for consideration.

The Air Force authority would in turn advise them advise their son to apply for posting on compassionate grounds through proper channel, which will be a situation beneficial; to you and you can be near your home town for a tenure of at least three years after that you can take your parents with you in your new place of posting.

This can be the immediate solution for this problem

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You can apply the same at your HO. You can also take vrs from army and do the needful.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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