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Supreme Court of India 2019-01-29 partly_allowed

Union of India Through its Secretary, Ministry of Defence DHQPO, New Delhi & Ors vs Wg. CDR. Subrata Das (19942

Bench: 2 — Dhananjaya Y Chandrachud

In Brief

Four Indian Air Force officers applied for Premature Separation from Service (PSS) under the 2011 Human Resource Policy, then sought to withdraw their approved applications. The Armed Forces Tribunal allowed three officers' withdrawal requests, but the Supreme Court held that withdrawal rights are not absolute. Paragraph 18 of the Policy restricts withdrawal to 'extreme compassionate grounds' only and prohibits withdrawal after completing a pre-release course. The Court distinguished civil service principles, emphasizing that Armed Forces manpower planning and operational requirements justify restricting withdrawal rights. It disapproved the Tribunal's decisions for three officers and directed their services continue unaffected. The Court affirmed the Tribunal's dismissal of the fourth officer's claim, partly allowing the appeals.

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Armed Forces Law Service Law Administrative Law Premature Separation from Service Human Resource Policy Withdrawal of Application Personnel Management

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