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
- Whether a specially sanctioned extension of study leave carried pay and allowances under the governing Army Instructions.
Provisions considered
- Clause 5(a) and (b), Army Instructions 13/1978Study leave carried full pay of substantive rank and counted for pay, promotion and pension; the specially extended leave attracted the same terms. (¶¶ 4, 7, 8)
- Clause 5, secondment, Army Instructions 191/62The earlier provision denying pay during secondment did not displace the subsequent instructions governing the sanctioned study leave. (¶¶ 5, 6, 7)
Held
- The governing later instructions expressly provided full substantive-rank pay during study leave, as had been paid for the original twenty-four months. (¶¶ 4, 7)
- Once the President specially extended study leave by twelve months, there was no justification to deny pay and allowances on the terms applicable to the original leave. (¶¶ 8, 10)
- All outstanding dues were to be paid within two months with interest at nine per cent per annum. The entire study-leave period was to count for retiral benefits, with necessary recomputation within two months. (¶ 11)
- The respondent was awarded costs of Rs.50,000. (¶ 12)
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.