DR. BALBIR SINGH BHANDARI vs THE STATE OF UTTARAKHAND

The Supreme Court addressed the issue of recovery of personal/promotional pay scale benefits from superannuated employees under the Uttarakhand government. The Court held that such benefits, once granted, cannot be retrospectively withdrawn, especially after the employees had completed the requisite service for regularization as per the government orders. The judgment emphasized that the withdrawal of benefits without due process violates principles of natural justice and the rights of the employees under Article 14 and Article 21 of the Constitution.