WG CDR. ASHWINI KUMAR HANDA (RETD.) versus UNION OF INDIA & ORS.
Question of proportionate deduction does not arise; employer is entitled to recover full pay and allowances for study leave when employee fails to complete post-leave service period as per Service Guarantee Certificate and Army Instructions 13/78. Discrimination plea not admissible as it was not raised earlier and lacks foundational facts.
- Parties
- Appellant: WG CDR. Ashwini Kumar Handa (Retd.); Respondents: Union of India & Ors.
- Jurisdiction
- India
- Judgment Date
- 01 February 2018
- Procedural Posture
- Civil Appeal / Appeal From Armed Forces Tribunal
- Outcome
- Appeal dismissed
- Legal Topics
- Refund of Pay and Allowances, Study Leave, Service Guarantee Certificate, Breach of Contract, Proportionate Deduction, Discrimination
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
WG CDR. Ashwini Kumar Handa (Retd.)
Appellant
Union of India & Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal From Armed Forces Tribunal
Legal Issues
- 1 Whether proportionate deduction of pay and allowances is permissible when appellant served less than the bond period after study leave?
- 2 Whether not making proportionate deduction amounts to discrimination?
Ratio Decidendi
Question of proportionate deduction does not arise; employer is entitled to recover full pay and allowances for study leave when employee fails to complete post-leave service period as per Service Guarantee Certificate and Army Instructions 13/78. Discrimination plea not admissible as it was not raised earlier and lacks foundational facts.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; recovery of pay and allowances sustained
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment