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february 2018

Supreme Court of India · 2018-02-01

WG. CDR. ASHWINI KUMAR HANDA (RETD) vs UNION OF INDIA

Citation / case number
SC 2017/35797
Court
Supreme Court of India
Petitioner
WG. CDR. ASHWINI KUMAR HANDA (RETD)
Respondent
UNION OF INDIA
Author
A.K. SIKRI
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court upheld the Armed Forces Tribunal's decision to deny the appellant's claim for refund of pay and allowances deducted due to breach of the Service Guarantee Certificate under the Service Leave Rules. The Court found that the appellant's premature retirement was primarily based on dissatisfaction with promotion and posting, rather than solely on health grounds, thus validating the enforcement of the service commitment. The Court held that the appellant's undertaking to serve for nine years post-study leave was binding and enforceable, leading to the dismissal of the appeal.

WG. CDR. ASHWINI KUMAR HANDA (RETD) vs UNION OF INDIA · Niyam