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december 2018

Supreme Court of India · 2018-12-07

UNION OF INDIA MINISTRY OF DEFENCE THROUGH THE SECRETARY vs COL. (TS) P.D. POONEKAR

Citation / case number
SC 2012/39337
Court
Supreme Court of India
Petitioner
UNION OF INDIA MINISTRY OF DEFENCE THROUGH THE SECRETARY
Respondent
COL. (TS) P.D. POONEKAR
Author
DHANANJAYA Y. CHANDRACHUD
Bench
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court upheld the Armed Forces Tribunal's decision granting pay to a retired officer of the Army Medical Corps for an extended period of study leave, which was initially denied by the Union of India despite prior sanction. The Court emphasized that under Army Instructions 13/1978, officers on study leave are entitled to full pay, and the denial of pay for the sanctioned extension was unjustified. The Court's ruling reinforces the legal principle that service members should receive their entitled benefits during sanctioned leave periods, thereby affirming the Tribunal's order to release the pay and allowances.

UNION OF INDIA MINISTRY OF DEFENCE THROUGH THE SECRETARY vs COL. (TS) P.D. POONEKAR · Niyam