Sunday, March 19, 2017
High Court invokes article 14 - rules in favour of giving study leave to Airmen
The following operative portions of the judgement will have a far reaching effect:-
27. The discrimination between Airmen and Officers for grant of
study leave is in our view totally discriminatory and violative of
Article 14 of the Constitution of India.
28. The impugned order is set aside. The respondents are directed
to frame non-discriminatory leave rules and reconsider the
application of the petitioner for study leave in the light of the
observation made above. (unquote)
Though this judgement may be applicable to Study Leave at present, this is bound to have wider ramifications pertaining to various other privileges enjoyed by the Officers of the Defence Services.
In keeping with the modern social trend and increased education level of other ranks, it will be prudent for the Ministry of Defence to form an Expert Committee to visit various provisions of the Defence Services Rules and Regulations to iron out certain discriminatory provisions.
A pro-active effort is required instead of waiting for legal intervention in every such case.
Col (Retd) TN Raman
(Source - FB Ac of Achyuthan Raghavan)