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State of Uttarakhand v. M.C. Bhandari

LOK Law Journal

LOK 2026 (11) SC 4

Equivalent citations: 2026 INSC 1194

Court
Supreme Court of India
Bench
S.V.N. Bhatti & *N.V. Anjaria, JJ.
Decided on
Case No.
C.A. No. 1614–1615 of 2011

Counsel For the appellants: Abhishek Atrey, Advocate. For the respondents: Harshvir Pratap Sharma, Senior Advocate, and Rohan Thawani, Advocate.

Service Law

Provisions referred

  • Uttarakhand Public Service Commission (Conditions of Service) Regulations, 2004

Headnote

Public Service Commission — Pay on appointment after retirement.

Regulation 7(2) of the Uttarakhand Public Service Commission (Conditions of Service) Regulations, 2004 permits the Governor to determine whether service pension is to be kept in abeyance and whether the pay of the Chairperson or Member should be reduced accordingly. The pension entitlement revives on completion of the tenure. The adjustment does not offend the proviso to Article 318 or the principle of equal pay for equal work. The High Court erred in striking down the provision. (Paras 7–8, 13–14)

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