VidhiSangh

Supreme Court of India · 07/12/2018

UNION OF INDIA AND OTHERS versus COL. (TS) P. D. POONEKAR

[2018] 14 S.C.R. 1268 · 2018 INSC 1165

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Summary

The Supreme Court upheld pay and allowances for an Army doctor’s specially sanctioned twelve-month extension of study leave abroad. The later Army Instructions governing study leave provided full substantive-rank pay; the earlier unpaid-secondment provision did not justify denial. Outstanding dues with nine per cent interest and consequential retiral recomputation were directed within two months, with costs to the officer.

Issues

  1. Whether a specially sanctioned extension of study leave carried pay and allowances under the governing Army Instructions.

Provisions considered

Held

Result

Civil appeal disposed of by upholding the officer’s entitlement and directing payment with nine per cent annual interest and retiral recomputation within two months. Costs of Rs.50,000 awarded to the respondent.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1268.