Supreme Court Upholds Uttarakhand Rule Deducting Pension From Pay of Retired Officials on State Commission
The Supreme Court has upheld a 2004 Uttarakhand regulation that reduces the salary of retired officials appointed to constitutional posts like the state public service commission by the amount of their pension, overturning a 2010 Uttarakhand High Court ruling.
Current Summary
The Supreme Court has upheld the validity of a regulation under the Uttarakhand Public Service Commission (Conditions of Service) Regulations 2004 that applies a 'pay minus pension' system to government servants appointed to constitutional offices after retirement. In a judgment pronounced last week, a bench of Justices N.V. Anjaria and SVN Bhatti overturned a 16-year-old Uttarakhand High Court decision that had quashed Regulation 7(2) of the 2004 rules. Under the regulation, the Governor determines an appointee's remuneration by deducting the service pension earned from previous government employment from the fixed salary of the commission post. The rule applies only to retired Group A civilian officers and commissioned defence officers taking post-retirement jobs in constitutional offices. The dispute dates to 2006, when a retired lieutenant general of the Indian Army and a retired additional secretary of the Uttarakhand government, appointed as chairman and member of the Uttarakhand Public Service Commission respectively, challenged the regulation, arguing their pensions were vested rights that could not be legally docked.
What We Know
- The Supreme Court upheld Regulation 7(2) of the Uttarakhand Public Service Commission (Conditions of Service) Regulations 2004.
- The regulation applies a 'pay minus pension' system to retired Group A civilian and commissioned defence officers appointed to constitutional posts.
- The ruling overturns a 2010 Uttarakhand High Court decision that had quashed the regulation.
- The dispute originated in 2006 with a retired lieutenant general and a retired additional secretary appointed to the Uttarakhand Public Service Commission.
What Is Still Unclear
- The exact date the Supreme Court bench pronounced the judgment.
- Whether the ruling affects any current UKPSC appointees' salaries immediately.
What Changed
- 12 Nov, 07:12 amSignal detected: Supreme Court Upholds Uttarakhand Rule Deducting Pension From Pay of Retired Officials on State Commission
Background
The case centred on whether a retired official's pension is a vested right that cannot be adjusted against the salary of a subsequent constitutional post.