[nw18] ‘No basis for favourable treatment,' SC allows U'khand govt to recover promotional pay scale from Ayurvedic, Unani doctors

The Supreme Court has on January 10, 2024 allowed Uttarakhand government to recover amount paid as promotional pay scale to a group of Ayurvedic and Unani Medical Officers, finding that there was no basis to give favourable treatment to them as the benefits granted to them was not given to any other category of state employees.

"In the facts of the case in hand, what stares at the face is that the benefits granted only to the Ayurvedic and Unani Medical Officers under the Order dated 4th August 2011 were not extended to any other category of the State Government employees. No material was brought on record to show how and why favourable treatment was given to the appellants," a bench of Justices Abhay S Oka and Pankaj Mithal said.

The court dismissed an appeal filed by Dr Balbir Singh Bhandari and others against the High Court's order allowing the state government to recover the amount.

The bench pointed out while dealing with the refund issue, the High Court has held that the appellants, being Ayurvedic Medical Officers, do not belong to a weaker section of the society and, therefore, recovery will not be inequitable.

"Moreover, even after the grant of monetary benefits in terms of the Government Order of August 4, 2011, the designation of the appellants, their duties and responsibilities remained the same. Therefore, the High Court was right in not setting aside the order of recovery," the bench said.

The appellants, on their part, relied upon the judgment and order of August 26, 2022 passed by the Supreme Court in case of 'MP Medical Officers Association Vs The State of Madhya Pradesh and Ors', which granted relief to the employees against recovery.

"From paragraph 5 of the said decision, it is evident that the same has been rendered in peculiar facts and circumstances of the case. This order was passed after holding that the law laid down by this court in the case of 'State of Punjab Vs Rafiq Masih' (2015) would not be applicable. Therefore, the said decision rendered in the peculiar facts of the case will have no application," the bench said.

The court said it was unable to interfere with the view taken by the High Court.

"As observed in the order of October 27, 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. Therefore, if any consequential benefits accrue based on the said two orders with time, the appellants will be entitled to the same. Needless to add, the recovery shall be made, as specified under the order dated 27th October 2014," the bench said.

On May 29, 2014, a decision was taken to recall the promotional pay scale granted to appellants in 2011.

"It is noted in the said order that the Government order dated 8th March 2011 issued by the Finance Department, applicable to all service cadres of the State, directed that three financial upgradations be given to all personnel of the State under certain conditions on the post of direct recruitment after completion of continuous satisfactory service of 10, 18 and 26 years respectively from the first appointment," the bench said.

The order of May 29, 2014 notes that, however, under the order dated August 4, 2011, the personal/promotional pay scale was made admissible after 8 and 14 years of service only to the Ayurvedic and Unani Medical Officers.

"A special class of Ayurvedic and Unani Medical Officers was created who have been given a different treatment. It is observed that though the Finance Department had objected to issuing the order dated 4th August 2011, the opinion of the Finance Department was overruled, and the same was issued without the approval of the Cabinet," the bench noted.

"That is how the Cabinet, on 22nd May 2018, decided to cancel the order dated 4th August 2011. We find no error in the view taken by the State Government as there was no valid reason to grant a higher pay scale only to the Ayurvedic and Unani Medical Officers after continuous satisfactory service of 8 years, whereas, for all other Government servants, satisfactory continuous service of 10 years was required," the bench added.

The court also pointed out by the order of November 8, 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.

Cause Title: Dr Balbir Singh Bhandari Vs The State of Uttarakhand & Ors (2014 INSC 29)