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In a significant judgment, the Rajasthan High Court has ruled that the ‘Pay minus Pension’ principle must be applied to doctors who are re-employed after retirement, irrespective of whether this condition was mentioned in their appointment letters or advertisements. The court also criticized the All India Institute of Medical Sciences (AIIMS), Jodhpur, for its “lackadaisical and ignorant attitude” towards its own regulations and statutory provisions.
The High Court bench, comprising Justices Pushpendra Singh Bhati and Chandra Prakash Shrimali, was hearing a batch of petitions challenging the Central Administrative Tribunal’s order. The Tribunal had earlier ruled that AIIMS Jodhpur could not deduct pension from the pay of re-employed doctors with retrospective effect by applying the ‘Pay minus Pension’ formula. However, the High Court overturned this view, emphasizing that statutory provisions must prevail.
The bench observed, “This Court is also of the clear opinion that the pay fixations have to be done as per the Orders of 1986 which are governing the field for the Union Government employees, upon their reemployment, and thus, any action contrary thereto, would not be permissible. The ‘Pay minus Pension’ principle is an outcome of the statutory provisions, particularly the Orders of 1986, and Regulation 33 of the Regulations of 1999, and thus cannot be obliviated merely on the ground that such conditions were not mentioned in the advertisement or the appointment orders”.
The judgment reiterates the importance of adhering to statutory rules in the re-employment of retired government employees, including doctors, and sends a clear message to institutions to ensure compliance with established legal frameworks.
Disclaimer:
This article is based on information available from public sources and news reports. The views and legal interpretations are as per the cited judgments and do not constitute legal advice. Readers are advised to consult official documents or legal professionals for authoritative guidance.
