Supreme Court Modifies Date for Benefits in U.P. Police Ministerial Staff Case image for SC Judgment dated 25-07-2022 in the case of State of Uttar Pradesh & Other vs Karunakar Khare & Others
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Supreme Court Modifies Date for Benefits in U.P. Police Ministerial Staff Case

The Supreme Court of India recently delivered its judgment in the case of State of U.P. & Others vs. Karunakar Khare & Others, modifying the date from which ministerial staff in the Uttar Pradesh Police Establishment were entitled to certain financial benefits. The judgment addressed a dispute regarding the applicability of benefits under a Government Order (G.O.) dated 7th December 1979 and rectified the High Court’s decision to extend these benefits retroactively.

Background of the Case

The dispute arose when ministerial staff working in the Uttar Pradesh Police Establishment sought parity in benefits with their executive cadre counterparts in the Intelligence Department. They claimed entitlement to special work allowances, special pay, fixed house rent allowance, motor subsidy, and an additional one-month pay per financial year.

The controversy primarily centered on the cut-off date from which these benefits should be granted. A landmark ruling in K.K. Misra & Others vs. State of U.P. (1991) held that such allowances should be applicable to ministerial staff. This decision was affirmed by the Supreme Court in 1992. However, the High Court in the present case ruled that these benefits should be applicable from 7th December 1979, the date of the original Government Order.

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Petitioner’s Arguments (State of Uttar Pradesh)

The State of Uttar Pradesh argued:

  • The High Court’s judgment in K.K. Misra (1991), affirmed by the Supreme Court in 1992, clearly set the date for granting benefits as 23rd September 1991.
  • The Division Bench of the High Court erred in ordering benefits from 7th December 1979, contradicting the precedent set by K.K. Misra.
  • The government had already implemented the allowances in accordance with the Supreme Court’s prior approval of 1991 as the correct cut-off date.
  • Extending benefits retroactively to 1979 would place an undue financial burden on the state exchequer.

Respondent’s Arguments (Karunakar Khare & Others)

The respondents, ministerial staff in the U.P. Police Establishment, contended:

  • The allowances should be granted from 7th December 1979, as that was the date on which the government officially recognized these benefits.
  • Delays in judicial recognition should not deprive employees of the financial entitlements they rightfully deserved.
  • The nature of their work was equivalent to that of the executive cadre in the Intelligence Department, justifying the same benefits.
  • The government’s argument regarding financial burden was secondary to ensuring fair and equitable compensation.

Supreme Court’s Observations

The Supreme Court, upon reviewing the matter, made the following key observations:

  • The precedent set in K.K. Misra (1991) had already determined that benefits would be granted from 23rd September 1991.
  • While the G.O. was dated 7th December 1979, it was not implemented until much later, making retrospective application improper.
  • The High Court’s decision to extend the date back to 1979 was legally incorrect and inconsistent with Supreme Court’s previous rulings.
  • Since the Supreme Court had affirmed the K.K. Misra ruling, all similar cases must adhere to the same cut-off date.

Key Legal Precedents Considered

The Supreme Court relied on several previous judgments:

  • K.K. Misra & Others vs. State of U.P. (1991): Established that ministerial staff in the police department were entitled to the same benefits as their executive cadre counterparts.
  • State of U.P. vs. Prem Prakash Mishra & Others (2007): Reaffirmed that ministerial staff were entitled to one-month extra pay per financial year.
  • Union of India vs. Prafulla Kumar Samal (1979): Established that financial entitlements must align with judicial precedents to ensure administrative consistency.

Final Judgment

After considering the arguments and legal precedents, the Supreme Court ruled:

  • The appeals by the State of Uttar Pradesh were partly allowed.
  • The High Court’s decision to extend benefits from 7th December 1979 was modified.
  • The benefits should be granted from 23rd September 1991, in accordance with the ruling in K.K. Misra.
  • Any pending applications in connection with the matter were disposed of.

Implications of the Ruling

The Supreme Court’s ruling provides clarity on the following key issues:

  • Judicial consistency: Reinforces the principle that benefits must be granted based on established precedents.
  • Financial accountability: Prevents undue financial burden on the government by avoiding unnecessary retrospective application of allowances.
  • Administrative efficiency: Ensures that state authorities implement benefits in a uniform manner without disputes over retroactive applicability.
  • Fair compensation: Confirms that ministerial staff in the police department are entitled to the same benefits as their executive cadre counterparts.

This judgment serves as a critical precedent in cases involving service benefits and government allowances, reinforcing the need for adherence to previously established legal rulings.


Petitioner Name: State of Uttar Pradesh & Others.
Respondent Name: Karunakar Khare & Others.
Judgment By: Justice B.R. Gavai, Justice Pamidighantam Sri Narasimha.
Place Of Incident: Uttar Pradesh.
Judgment Date: 25-07-2022.

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