The Uttarakhand High Court on Tuesday struck down a government order regarding salary re-determination for staff nurses, ruling that it was contrary to established rules. A single bench of Senior Justice Manoj Kumar Tiwari was hearing petitions filed by serving and retired nurses challenging the health department's directive to recover upgraded salaries that had been granted earlier, following a retrospective revision of pay scales.
Court Orders Refund and Resolution
The court ordered that the recovered amounts be refunded within six months and directed the government to resolve pending salary-related issues within three months. The petitioners, including Sunita Singh, argued that their original pay scale of ₹5,000–₹8,000 was correctly fixed at the time of appointment. In 2011, the state had upgraded their salaries, but later issued another order re-determining pay and seeking recovery of the earlier benefits.
High Court's Ruling
The High Court upheld the nurses' contention, emphasizing that retrospective recovery was unjustified. The bench stressed that the government cannot arbitrarily recover salaries that were legitimately paid under a previous order. The ruling brings relief to both serving and retired nurses who had faced financial uncertainty due to the recovery notices.
This decision is expected to set a precedent for similar cases involving retrospective salary revisions in the state. The government has been directed to comply with the court's order within the stipulated timeline.
