The undivided Government of Uttar Pradesh issued an order dated 16 June 1988 by which the appellants were appointed on an ad hoc basis in the State Ayurvedic and Unani Medical Service Cadre.
Also Read: https://newslaw.in/supreme-court/interpretation-of-section-47-of-the-registration-act/
It was also decided that the officers who have been granted the aforesaid benefit and who have completed continuous and satisfactory service of 6 years from the date of getting the benefit of selection grade to a total of 14 years of continuous and satisfactory service shall be approved on the next pay-band or promotional post on a personal basis.
The writ petitions were disposed of by the order dated 3 January 2011, directing the State Government to consider their claim for the grant of a promotional pay scale. On 4 August 2011, the Chief Secretary of the State Government issued a communication to the Director General of Ayurvedic and Unani Services, which reads thus: “ In the light of G.O.
By the order dated 7 May 2013, the High Court directed the State Government to consider granting the next higher pay scale or pay to the appellants on completion of 14 years of service in terms of the Government decision dated 4 August 2011 not later than three months. By a decision dated 29 May 2014, the State Government cancelled the order dated 4 August 2011 on the ground that it was contrary to the Government orders of the Finance Department. By the order dated 27 October 2014, the Principal Secretary of the Government ordered recovery from the appellants on the basis of the cancellation of the order dated 4 August 2011.
He submitted that the Government order dated 4th August 2011 merely reiterates the Government order dated 5 February 1998. By the order dated 4 March 2014, while deciding the recall application filed by the State Government, the High Court observed that the decision dated 4 August 2011 was taken by the Hon’ble Chief Minister of the State and therefore, unless the Cabinet expressly withdraws the same, it will continue to operate. Thereafter, on 22 August 2014, the State Cabinet came to the conclusion that the order dated 4 August 2011 was contrary to the Government Order issued by the Finance Department and accordingly, the order dated 29th May 2014 was passed, recalling the order dated 4 August 2011.
The said order reads thus: “ We are afraid, order passed by this Court dated 07.05.2013 as well as order passed on the Recall Application dated 04.03.2014, cannot be reviewed, merely, because subsequent to the passing of the orders under review order dated 04.08.2011 has been recalled. Petitioner, if so aggrieved the order 29.05.2014, may approach the appropriate forum assailing the Government order dated 29.05.2014.”
(emphasis added)
Notwithstanding the liberty granted under the order described above to the State Government to act upon the order dated 29 May 2014, by the order dated 9 October 2014, higher pay scales were granted to the appellants based on the order dated 4 August 2011.
589 dated 01/07/2013 and even after that some amount still remains to be recovered, a maximum of 1/3 of the total of pay and dearness allowance of the concerned Medical Officers be fixed as an installment per month and recovery of the remaining amount be ensured to be made.” As held earlier, under the order dated 4 August 2011, the benefit of personal/promotional pay scale was granted only on Ayurvedic Medical Officers upon completing 8 and 14 years of service.
Also Read: https://newslaw.in/supreme-court/quashing-of-fir-based-on-lack-of-legal-basis/
We may note here that by the order dated 8 November 2006, the personal time-bound pay scale was granted to the appellants, subject to the condition that if the Government takes any decision to the contrary, the amount will be recovered from the salary of the concerned medical officers. As observed in the order dated 27 October 2014 passed by the State Government, the appellants will be entitled to ACP benefits made available under the orders dated 8th March 2011 and 1st July 2013. Needless to add, the recovery shall be made, as specified under the order dated 27 October 2014.
Case Title: DR. BALBIR SINGH BHANDARI Vs. THE STATE OF UTTARAKHAND (2024 INSC 29)
Case Number: C.A. No.-005933-005933 / 2023
