Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2016-01-06 allowed

Union of India & Ors vs Col. Chander Ballabh Sharma

Bench: 2 — Dipak Misra

In Brief

Col. Chander Ballabh Sharma, twice decorated for gallantry (Sena Medal and Vir Chakra), sought promotion to Brigadier. Under the old 1987 policy, he received weightage for these decorations during his promotions to Lt. Colonel and Colonel. However, a new 2008–2011 policy restricted such weightage to only two selection boards after an award. When his case for Brigadier was considered under the new policy without weightage, he challenged it, arguing the new policy should apply because the number of selection boards had been reduced. The High Court agreed. The Supreme Court reversed, holding that once an officer has received the permissible benefit under an earlier policy, he cannot again claim it under a new policy merely because the policy changed or selection boards were reduced. The restriction on gallantry awards must be applied strictly according to its express language.

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