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april 1999

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.

UNION OF INDIA vs NO.664950 IM HAVILDAR/CLERK SC BAGARI · Niyam