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Discharge from IAF due to failed training can i get back in service
25-Jul-2023 (In Armed Forces Tribunal Law)
I was undergoing my training for being an airmen in IAF. I completed my basic training but I failed in my trade training and I was discharged from service in accordance with some policy. I was not told or not given information about this policy at the time of recruitment. Even this policy was made after our recruitment and we were made to sign a document stating for change of trade at the time of recruitment. So I want to ask that is there any chance of geting in service and having change of trade?
you have not placed on record complete facts,however based on what you have given in your query one thing can be said you could not have been discharged under a policy which did not exist on the day of your disachge.Policy can have retrospective effect only if its a beneficial policy.You are to be governed by the terms and conditions,policies,rules ,regulation which exist at the time of your recruitment.
You can approach the tribunal however before that you need to make an representation to the Govt.,its only if they don't reply within 6 months or reply in negative that you can approach the AFT.
thank you
Maj Tomar
ADVOCATE
AFT,Delhi
You can approach the tribunal however before that you need to make an representation to the Govt.,its only if they don't reply within 6 months or reply in negative that you can approach the AFT.
thank you
Maj Tomar
ADVOCATE
AFT,Delhi
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Your terms and condition in Air Force are dealt under the provisions of Air Force Instruction (AFI 12/S/1948 as amended from time to time) and based upon that further policy was framed, definitely the conditions imposed without notice and that to be after the enrolment, can be challenged but be sure that you have not been offered adequate opportunities.
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Adv. Virender Singh Kadian
Delhi | 25+ Answers
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Normally trainees failing in a particular trade test are given an opportunity to opt for another suitable trade but that depends on so many other factors like availability of vacancies in that trade, suitability of the candidate for that trade and so on. Since you have mentioned about certain policies any comments can be made only after seeing your file.
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If you had completed your training did you get enrolled. If you did, then you could not have been discharged just like that. If you were enrolled and then discharged based on certain policy then you have definite chances of getting a relief from AFT.
However, if you were discharged during the training itself, then you need to first ask IAF for reasons of removal and then move a High Court under writ jurisdiction.
Feel free to connect
However, if you were discharged during the training itself, then you need to first ask IAF for reasons of removal and then move a High Court under writ jurisdiction.
Feel free to connect
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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Hi,
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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