Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law: Armed Forces – Study leave – Extended – Grantof pay for extended period – Entitlement – Extension of study leavegranted to respondent, a doctor in Army Medical Corps – However,he was not granted allowances for the extended study leave period– His request to authorities was rejected – Armed Forces Tribunaldirected Union of India to release pay and allowance for theextended period of study leave period – Appeal by Union of India– Held: Army Instructions 13/1978 clearly stipulate that during theperiod of study leave, an officer shall draw full pay of the substantiverank – Clause 5(b) states that study leave will count as service forpay, promotion and pension – If the period of study leave is extendedon a special dispensation by the President of India, there is nojustification for the Army authorities and the Union of India to denythe benefit of pay and allowances on the same terms and conditionsas was allowed during the original period of study leave – Appellantsare directed to pay to the respondent all the outstanding dues – Theentire period of study leave to be counted for the payment of retiralbenefits. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 1165 |
Petitioner | Union Of India And Others |
Respondent | Col. (ts) P. D. Poonekar |
SCR | [2018] 14 S.C.R. 1268 |
Judgement Date | 2018-12-07 |
Case Number | 8379 |
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