Service law: Armed Forces – Study leave – Extended – Grant of pay for extended period – Entitlement – Extension of study leave granted to respondent, a doctor in Army Medical Corps – However, he was not granted allowances for the extended study leave period – His request to authorities was rejected – Armed Forces Tribunal directed Union of India to release pay and allowance for the extended period of study leave period – Appeal by Union of India – Held: Army Instructions 13/1978 clearly stipulate that during the period of study leave, an officer shall draw full pay of the substantive rank – Clause 5(b) states that study leave will count as service for pay, promotion and pension – If the period of study leave is extended on a special dispensation by the President of India, there is no justification for the Army authorities and the Union of India to deny the benefit of pay and allowances on the same terms and conditions as was allowed during the original period of study leave – Appellants are directed to pay to the respondent all the outstanding dues – The entire period of study leave to be counted for the payment of retiral benefits.
Disposing of the appeal, the Court
HELD: There is no dispute over the fact that during the original period of twenty four months, the Respondent was granted his pay and allowances. Moreover, Clause 5(b) stipulates that study leave will count as service for pay, promotion and pension. Eventually, Army Instructions 13 of 1978 came to be amended on 19 May 2009 as a result of which the period of study leave for post-graduate courses of study in Health Sciences was extended to thirty six months. The original period of study leave of twenty four months was extended by twelve months in terms of the request which was made by the respondent. Once the period of study leave was extended on a special dispensation by the President of India, there was no reason or justification for the Army authorities and the Union of India to deny the respondent the benefit of pay and allowances on the same terms and conditions as was allowed during the original period of study leave. The appellants are accordingly directed to pay to the respondent all the outstanding dues within a period of two months together with interest at the rate of nine per cent per annum. The entire period of study leave shall also count for the payment of retiral benefits and a re-computation as may be warranted shall be made within two months. [Paras 7, 8, 11][1271-D-G; 1272-A-B]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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