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
- Whether service for part of the guaranteed nine years required proportional rather than full recovery of study-leave pay and allowances.
- Whether an unpleaded comparison with another officer established discrimination.
Held
- The tribunal’s finding that ill-health was not the principal ground for premature retirement warranted no interference. Notice in the appeal was confined to whether recovery should be proportional to the substantial post-study-leave service already rendered. (¶¶ 3, 4, 5)
- The benefit was two years’ pay and allowances during study leave conditional upon nine years’ subsequent service under Army Instructions 13/78 and the service guarantee. Since the full period was not served and the relevant exemption did not apply, the employer could recover the entire conditional payment. The instruction’s validity had not been challenged. (¶¶ 9, 10)
- Authorities concerning pre-estimated or liquidated damages under the Contract Act did not govern recovery of these conditional salary benefits. The claim for proportional deduction therefore failed despite service of six years, eight months and nineteen days after study leave. (¶¶ 5, 6, 8, 9, 10)
- Discrimination was not pleaded before the tribunal or in the appeal. An additional RTI document concerning another officer did not establish the circumstances of that case, and the respondents had no opportunity to explain. The oral plea could not be entertained on this record. (¶¶ 11, 12)
Result
Appeal dismissed; full recovery of study-leave pay and allowances upheld, without proportional reduction.