Dr. Dhananjaya Y. Chandrachud, J. - (1.) Personnel belonging to the Armed Forces serve the nation in challenging conditions and inhospitable terrain. The Medical Corps attend to the sick and the wounded. A specialist in prosthetic surgery belonging to the Army Medical Corps has had to pursue his tryst with justice over a quarter of a century, denied his pay for the extended period of study leave abroad. Despite the sanction for the extended period by the President of India, the Union Government has denied him his pay. In retirement now, he defends the judgment of the Armed Forces Tribunal granting him the pay over the extended period of study leave. Justice has been delayed, inordinately delayed. That it was not denied should be a small recompense for an officer who devoted the prime years of life in service of the nation.
(2.) The Respondent, who is a doctor, joined the Army Medical Corps as a Permanent Commissioned Officer on 27 February 1977. He completed his post graduation with an MS in Surgery and was posted to the Artificial Limb Centre at Pune. The Centre provides specialised medical services to armed forces personnel, veterans and civilians. He was granted study leave to pursue a specialization in Prosthetic Surgery for a period of twenty four months in the US at the University of Miami, Florida. The period of study leave was two years. Permission was granted on 22 May 1990. On 10 March 1992, the Respondent made an application seeking an extension of twelve months to complete the course of study. As a special case, an extension was granted on 17 September 1992 for a further period of twelve months. However, on 08 April 1993, he was informed that the allowances payable to him were discontinued. On 19 October 2004, the request of the respondent for the grant of pay for the period of extension was rejected. Challenging it, the respondent instituted proceedings before the Armed Forces Tribunal which culminated in the impugned order dated 11 April 201 The Tribunal, while allowing the application, directed the Union of India to release the pay and allowances to the respondent for the extended period of study leave of twelve months.
(3.) Assailing the judgment of the Tribunal, the Union of India is in appeal before us.;