Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Refund of pay and allowances |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Service Law:Refund of pay and allowances – Propriety of – Study leavegranted to appellant in terms of Army Instructions 13/78 – SubmittedService Guarantee Certificate whereby, he was liable to serve fornine years from the date of return from study leave – Appellant, onreturn from study leave, after serving for 6 years and 8 months waspermitted to retire prematurely – Pay and allowances paid duringstudy leave were deducted from his post retirement dues on theground that he committed breach of contract by not serving fornine years – Order of recovery challenged – Armed Forces Tribunaldismissed the case of appellant – On appeal to Supreme Court,appellant took the plea that since he had served for 6 years 8 months,there should have been proportionate deduction; and not makingproportionate deduction was discriminatory as in case of anotherofficer proportionate deduction was made – Held: In the facts ofthe case, proportionate deduction is not permissible – Plea ofdiscrimination also not admissible as it was taken for the first time. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 88 |
Petitioner | Wg Cdr. Ashwini Kumar Handa (retd.) |
Respondent | Union Of India & Ors. |
SCR | [2018] 1 S.C.R. 873 |
Judgement Date | 2018-02-01 |
Case Number | 1491 |
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