Supreme Court of India · 1999-04-15
UNION OF INDIA vs NO.664950 IM HAVILDAR/CLERK SC BAGARI
- Citation / case number
- SC 1994/10943
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- NO.664950 IM HAVILDAR/CLERK SC BAGARI
- Author
- S.N. PHUKAN. SYED SHAH MOHAMMED QUADRI
- Bench
- S.N. PHUKAN. SYED SHAH MOHAMMED QUADRI
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the classification for granting study leave under Army Order No. 11 of 1987, which discriminated against non-commissioned officers, violated Articles 14 and 16 of the Constitution. The Court found that the distinction made by the Army was not based on intelligible differentia and did not serve a legitimate purpose. Consequently, the Court ruled that study leave must be equally available to all classes of officers, including clerical staff, thereby affirming the High Court's order.