In a recent judgment, the Supreme Court has ruled in favor of the recovery of personal/promotional pay scale benefits from Ayurvedic Medical Officers, who were initially granted these benefits but later faced withdrawal and subsequent recovery measures.

The case stems from the appointment of the appellants on an ad hoc basis in the State Ayurvedic and Unani Medical Service Cadre by the undivided Government of Uttar Pradesh in 1988. The initial appointment was for a period of one year or until the State Public Service Commission provided duly selected candidates. The regularization of employment occurred in 2006, and over the years, the issue of promotional pay scale benefits became a point of contention.

The government decision in 2000 granted salary increments to officers completing eight years of continuous service since January 1, 1996, and additional benefits for those completing six years from the date of selection grade. The appellants filed writ petitions regarding the non-grant of promotional pay scale, leading to a High Court order directing the State Government to consider their claim.

In response, on March 8, 2011, the State Government approved a new Assured Career Progression Scheme (ACP), and on September 27, 2011, the Director granted a time-bound pay band to appellants. However, on May 29, 2014, the State Government canceled the order dated August 4, 2011, citing it as contrary to the Finance Department's directives.

The crux of the matter lies in the subsequent recovery actions taken by the government, wherein the Principal Secretary ordered recovery from the appellants based on the cancellation of the August 4, 2011 order. This decision, along with the order dated May 29, 2014, was challenged by the appellants, but the High Court dismissed their petition.

The pivotal question before the Supreme Court was whether the benefits could be recovered from appellants who had already superannuated. The bench, comprising Justices Abhay S. Oka and Pankaj Mithal, found no error in the State Government's view, noting that there was no valid reason to grant a higher pay scale exclusively to Ayurvedic and Unani Medical Officers after eight years of continuous satisfactory service, whereas other government servants required ten years of service for similar benefits.

The Supreme Court observed that the order dated August 4, 2011, granting personal/promotional pay scale benefits, was rightfully withdrawn as it contradicted the Finance Department's directives. The court also emphasized that, despite the liberty granted to the State Government to act upon the May 29, 2014 order, the appellants were granted higher pay scales on October 9, 2014, based on the earlier August 4, 2011 order.

Furthermore, the bench noted that the High Court correctly held that the appellants, being Ayurvedic Medical Officers, did not belong to a weaker section of society, justifying the recovery action as not inequitable. The designation, duties, and responsibilities of the appellants remained unchanged even after the grant of monetary benefits in terms of the Government Order dated August 4, 2011.

In light of these considerations, the Supreme Court dismissed the appeal, affirming the recovery of pay scale benefits from the Ayurvedic Medical Officers.

Case: Dr. Balbir Singh Bhandari v. The State of Uttarakhand & Ors.,

CIVIL APPEAL NO. 5933 OF 2023.

Click to read/download Judgment.