Case Title: Dr. Balbir Singh Bhandari v. The State of Uttarakhand & Ors.
Case No.: Civil Appeal No. 5933 of 2023
Decided on: 10th January, 2024
CORAM: THE HON’BLE MR. JUSTICE ABHAY S. OKA AND HON’BLE MR. JUSTICE PANKAJ MITHAL
Facts of the Case
The plea of Ayurvedic Medical Officers for challenging the recovery orders issued against them following the withdrawal of personal/promotional pay scale benefits was lodged. Initially granted by the State of Uttarakhand, these benefits were later revoked by the government.
Issue
The key issue was whether the benefits could be recovered from the officers who had retired.
Court’s analysis and decision
Justices Abhay S. Oka and Pankaj Mithal stated that the personal/promotional pay scale benefit was originally awarded to Ayurvedic Medical Officers after 8 and 14 years of service. However, the State Cabinet later rescinded this order, citing inconsistencies with the Finance Department’s directives for all state service cadres. The court upheld the government’s decision, emphasizing that there was no valid reason for granting a higher pay scale exclusively to Ayurvedic and Unani Medical Officers after 8 years, unlike the 10-year requirement for other government servants.
Despite the State Government’s contradiction, higher pay scales were granted to the appellants. Subsequently, a recovery order aimed to retrieve the amounts paid, considering the revival of earlier orders granting personal/promotional pay scales and entitlement to ACP benefits. The court agreed with the High Court’s decision not to annul the recovery order, stating that the appellants, as Ayurvedic Medical Officers, did not fall under a socially weaker section, making recovery equitable. The court endorsed the High Court’s stance, highlighting that the benefits conferred in 2011 were exclusive to Ayurvedic and Unani Medical Officers, without any evidence to justify the favourable treatment.
Ultimately, the Supreme Court dismissed the appeals.
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Written by- Afshan Ahmad
