Authority: Supreme Court of India, Civil Appellate Jurisdiction, Bench of Justices Dipankar Datta and Sheel Nagu

Order Date: 19 August 2026

Case Overview

  • Parties: Appellant – The Chairman and Managing Director, Pawan Hans Helicopter Ltd.; Respondent – Col. Mukul Kumar Gogoi (Retd.).
  • Nature of proceedings: Appeal against the Gauhati High Court’s dismissal of an intra‑court appeal that upheld a Single Judge’s order granting relief to the respondent.
  • Background: The respondent was appointed on probation from 1 February 2011 to 31 January 2012 but his service was terminated on 6 June 2011. He filed a writ petition (WP(C) No.191/2013) in the Gauhati High Court. The Single Judge dated 3 May 2013 granted relief; the Division Bench dismissed the appellant’s intra‑court appeal on 11 September 2015. The appellant appealed to this Court.
  • Key issues: Whether the appellant was liable to pay the emoluments for the balance of the probation period, any Provident Fund dues, and whether additional compensation could be claimed for refusal to issue a service certificate.

Court Observations

  • The Court found the appellant’s case unsound, reiterating that the termination of the respondent’s probation violated the precedent set in Dipti Prakash Banerjee Vs. Satvendra Nath Bose (1999).
  • The appellant is ordered to pay the respondent the emoluments he would have earned from 6 June 2011 to 31 January 2012, calculated on the basis of the May 2011 salary certificate.
  • A calculation sheet shows the total entitlement as Rs 11,86,586, from which Rs 96,858 (already paid on 26 March 2014 pursuant to a High Court order dated 28 February 2014) is deducted, leaving Rs 10,89,728 payable.
  • Interest at 6% per annum is to accrue from the date the writ petition was presented before the High Court.
  • The appellant must also release any Provident Fund amounts due for the period 1 February 2011 to 31 May 2011.
  • The Court rejected the respondent’s counsel’s request for additional compensation related to the denial of a service certificate.

Final Outcome

  • The appeal is disposed of; the order of the Gauhati High Court is upheld.
  • Pawan Hans Helicopter Ltd. must pay Rs 10,89,728 plus 6% interest to the respondent, within three months of receipt of this order.
  • Provident Fund dues for Feb‑May 2011 must be released within the same period.
  • Any dispute over the quantum of payment may be approached in the appropriate court.
  • All pending applications, if any, stand disposed of.

Topics: Employment Law, Court Order