Supreme Court upholds pension deduction for Uttarakhand PSC appointees

The case concerns whether the State of Uttarakhand can legally deduct the pension of retired government servants from their salary when they are appointed as Chairman or Member of the Uttarakhand Public Service Commission, and whether Regulation 7(2) of the relevant Regulations is constitutional.

Who it concerns: Appellants: State of Uttarakhand (through Chief Secretary); Respondents: M.C. Bhandari and Sohan Lal; Bench: Justice N.V. Anjaria.

What the court decided

• The Court addressed the central question of whether the State was justified in withholding pension amounts from the salary of retired appointees under Regulation 7(2).
• The Court reviewed the High Court's decision which had declared Regulation 7(2) ultra vires Article 14 read with Article 39(d) of the Constitution.
• The Court examined the applicability of the 'pay minus pension' principle and the powers of the Governor under Article 318 of the Constitution.

Also in the document

• The High Court had previously allowed the writ petitions, set aside the deduction orders, and directed reimbursement of any amounts deducted.
• The Supreme Court noted that the High Court relied on the principle of 'equal pay for equal work' to strike down the regulation.
• The judgment text provided is truncated and does not contain the final operative order or relief granted by the Supreme Court.