VidhiSangh

Supreme Court of India · 30/11/2023

DR. P.N. SHUKLA AND OTHERS versus UNION OF INDIA AND OTHERS

[2023] 16 S.C.R. 888 · 2023 INSC 1048

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that a CSTT officer had been unlawfully given a doctor’s higher pay scale and non-practising allowance despite performing terminology work in the same research cadre as the appellants. It rejected the appellants’ demand for parity with that unlawful benefit and directed recovery of the excess from the beneficiary and/or responsible decision-making officers, with both accountable to reimburse the exchequer.

Issues

  1. Whether one officer’s medical qualification justified isolating his post and granting a doctor’s pay scale in the common research cadre.
  2. Whether the other cadre members could obtain parity with the wrongful benefit.
  3. Whether excess payments should be recovered in the circumstances.

Provisions considered

Held

Result

Appeal allowed in the stated terms. Tribunal and High Court orders and the 4 January 2010 departmental order set aside. Appellants denied parity with the unlawful higher scale; recovery of excess payments directed from the beneficiary and/or directly responsible officers as specified.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 888.