NDLI: Dr. P.n. Shukla and Others Vs. Union of India and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Pay scale
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Matter pertains to the legality of the order passed by the High Court, rejecting the prayer made by the appellants-Assistant Scientific Officer for grant of the same pay-scale and perquisites as had been granted to the respondent No.4-Assistant Scientific Officer (Medicine). Service Law – Pay scale – Single post of same cadre – One officer given higher pay scale than the other – Correctness:Held: If governed by the same set of Rules, a single post of the same cadre could not have been isolated and granted a higher pay scale by merely considering the qualifications prescribed for the post – On facts, representations made by the appellantsAssistant Scientific Officer claiming that the respondent No. 4-Assistant Scientific Officer (Medicine) having been granted a higher pay scale along with Non Practicing Allowance-NPA, though not practising as a doctor, they were also entitled to the same as they were appointed on the same post, governed by the same Rules and were discharging the same duties – There is no justification to grant same scale-higher pay scale to the appellants as was generously and wrongly granted to the respondent No. 4 alongwith the NPA by treating him equal to the Medical Officer working in the Ministry of Health and Family Welfare – Authorities were hand in gloves with the respondent No. 4 to somehow grant him a higher pay scale and repeatedly action was taken in that direction – Favouritism shown to the respondent No. 4 is evident from the facts – There was no justification for grant of higher pay scale to the respondent No. 4 with effect from the date of his initial appointment – Same was illegal and cannot withstand in judicial scrutiny – Furthermore, without there being any amendment in the Rules, the post of Assistant Scientific Officer (Medicine) was declared ex-cadre and the NPA granted to the respondent No. 4, though he was not practising as a doctor, was withdrawn – Thus, the order justifying the benefits granted to respondent No. 4 set aside – Appellants not entitled to higher pay scales as were granted to respondent No. 4 – Assistant Scientific Officer (Medicine) Rules, 2014 – Senior Scientific Officer (Medicine) Rules, 2014 – Central Hindi Directorate (Research Assistant) Recruitment Rules, 1980. [Para 42, 53-59]. Service law – Grant of undue benefits to the employeeAssistant Scientific Officer (Medicine) – Correctness:Held: Respondent No. 4-Assistant Scientific Officer (Medicine) was unjustifiably paid salary in the higher pay scale - One option could be that whatever had been paid to him till date, be left as such and his pay could be directed to be re-fixed from a future date, however, having regard to the level of the post and the manner in which he was extended special treatment at every step and was granted higher pay scale, said course is not adopted as this is not a case of any bonafide error – It was a well-planned and deliberate infraction – Thus, issuance of direction for recovery of the excess amount paid to the respondent No. 4, and/or from the officer(s), directly involved in the decision-making process of granting undue benefit to the respondent No.4 – Both to be made equally liable to reimburse the exchequer for the amount illegally disbursed to the respondent No.4 – Exchequer should not be made to suffer on that account and either of two have to make good that loss of undue benefit granted to the respondent No. 4. [Para 60]
Judge	Hon'ble Mr. Justice Rajesh Bindal
Neutral Citation	2023 INSC 1048
Petitioner	Dr. P.n. Shukla And Others
Respondent	Union Of India And Others
SCR	[2023] 16 S.C.R. 888
Judgement Date	2023-11-30
Case Number	7747

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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