VidhiSangh

Supreme Court of India · 01/02/2018

WG CDR. ASHWINI KUMAR HANDA (RETD.) versus UNION OF INDIA & ORS.

[2018] 1 S.C.R. 873 · 2018 INSC 88

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Summary

The Supreme Court upheld recovery of all pay and allowances received during an Air Force officer’s study leave after he retired before completing the promised nine years of subsequent service. The recovery concerned conditional salary benefits, not stipulated damages requiring proportional reduction for service already rendered. The governing instruction’s validity was unchallenged, and retirement was not found to be principally on ill-health grounds. An oral discrimination plea based on another officer’s case failed for want of pleadings and foundational facts.

Issues

  1. Whether service for part of the guaranteed nine years required proportional rather than full recovery of study-leave pay and allowances.
  2. Whether an unpleaded comparison with another officer established discrimination.

Held

Result

Appeal dismissed; full recovery of study-leave pay and allowances upheld, without proportional reduction.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 873.