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Supreme Court of India 2018-02-01 dismissed

Wg. Cdr. Ashwini Kumar Handa (Retd.) vs Union of India & Ors

Bench: 2 — A.K. Sikri

In Brief

A Wing Commander in the Indian Air Force received two years of study leave with pay and allowances, backed by a Service Guarantee Certificate promising nine years of service post-leave. He retired prematurely after 6 years 8 months instead of completing nine years. The Air Force recovered his full study leave pay and allowances. The Supreme Court upheld the recovery, holding that it was not damages but return of conditional pay for a period he didn't work. The court rejected claims of unjust enrichment and discrimination, finding no merit in the appeal.

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Service Law Contract Law Armed Forces Study Leave Recovery of Pay Constitutional Law

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