Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Army Order No 11 of 1987 Rules 1 & 2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Army Act, 1950 (46 of 1950) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Army Order No 11 of 1987, Rules 1 & 2 - Grant of Study Leave to Regular Commissioned Officers - Non grant to Junior Commissioned Officers, Non-Commissioned Officers and Other Ranks - Order founded on intelligible differentia and has relation to the object sought to be achieved - Classification held not violative of Articles 14 and 16 of Constitution. Constitution of India, 1950, Articles 14 and 16. Validity of Army Order No. 11 of 1987 regarding grant of Study Leave to certain Officers only - Classification based on different character and duties - Army Order held not violative of Article 14. Equality of opportunity of employment - Means, equality as between members of the same class of employees, and not equality between members of separate, independent classes. Equal Protection of law - does not postulate equal treatment of all persons without distinction - merely guarantees application of same laws alike and without discrimination to all persons similarly situated. Reasonable Classification - Tests - Classification must be based on intelligible differentia and such differentia should have a rational nexus between the basis of classification and object intended to be achieved. Army Act, 1950, Section 3 - Officer - Officers classified on the basis of requirement of Armed Forces - Officer does not include Junior Commissioned Officer Warrant Officer, Petty Officer or Non-Commissioned Officer - Classification held not arbitrary. |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 1999 INSC 189 |
Petitioner | Union Of India And Ors |
Respondent | No. 664950 Im Havildar/clerk Sc Bagari |
SCR | [1999] 2 S.C.R. 690 |
Judgement Date | 1999-04-15 |
Case Number | 7633 |
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