JUDGMENT

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The benefit of a personal/promotional pay scale was granted to the appellants by the State of Uttarakhand. The said benefit was withdrawn under a subsequent decision of the State of Uttarakhand. The narrow question is whether the benefits can be recovered from the appellants who have superannuated.

2. Few factual aspects need consideration. The undivided Government of Uttar Pradesh issued an order dated 16th June 1988 by which the appellants were appointed on an ad hoc basis in the State Ayurvedic and Unani Medical Service Cadre. The appointments were expressly made for a period of one year or till the State Public Service Commission provides the duly selected candidates. A decision dated 5th February 1998 of the Government of Uttar Pradesh provided that any medical officer working on an ad hoc basis shall be considered for regularisation upon completing continuous and satisfactory service of 8 years. However, it was clarified that the benefit of personal payment should be approved only after their regularisation in service. It was specifically made clear that if any medical officer has completed 8 years of continuous service but has not bee