In Brief
Four Indian Air Force officers sought premature separation from service under the Ministry of Defence's Human Resource Policy, then applied to withdraw those applications before their separation dates. The Air Force rejected their withdrawal requests. The Armed Forces Tribunal allowed three officers' appeals but dismissed one. The Supreme Court held that the right to withdraw an approved PSS application is not absolute; it can be permitted only as an exception on 'extreme compassionate grounds.' Officers who undergo pre-release courses cannot withdraw. The Court set aside the Tribunal's decisions for three officers and allowed them to retire as originally approved. It upheld the Tribunal's decision dismissing the fourth officer's appeal, while directing that two recalled officers' remaining service not be affected. The Court distinguished prior case law on resignation withdrawal, emphasizing that Armed Forces operational needs require stricter controls than civilian employment.
The lawyer headnote and full judgment text are available to registered users.