State of
Haryana Vs. Dr. A.K. Sinha [1997] INSC 203
(20 February 1997)
K.
RAMASWAMY, S. SAGHIR AHMAD
ACT:
HEAD NOTE:
O R D
E R This appeal by special leaves arises from the judgment of the Punjab and Haryana High Court, made on March 11, 1982 in CWP No. 5173/81.
The
respondent, an IAS, allotted to the cadre of Haryana, while in service has
obtained Ph.D. degree in 1979.
He
filed the writ petition seeking direction to the state to grant hin fout
advance increment for acquiring his doctorate degree. The state by its order
had earlier grant of such relief rejected it. Consequently, he filed a writ
petition in the High Court. The Division Bench, following the judgment of a
learned single judge of that High Court, directed the State to grant him
advance increments, as prayed for, on the premise that Rule 2(b) of the All
India Services (Conditions of Service Residuary matters ) Rules, 1960 (for
short, the 'Rules') did not provide for any contrary rules prohibiting the
grant of such incentives. As a consequence, the orders of the Government dated October 23, 1978 granting incentives of advance
increments to employees of the State of Haryana in Class II and III could be attracted. Therefore, the respondent is
entitled to the same benefit. This Court has granted leave and issued the
motive to the respondent. Notice was returned with an endorsement that the
respondent stood retired from service.
He has
no entered appearance. The question is: whether an IAS Officer allotted to a
cadre of a State is entitled to the advance increments on the basis of an
incentive granted to Class II and III officers and even class I employees of
the State service and whether the same is applicable to the IAS Officers
governed by the Rules in particular rule 2(b) of the Rules, Rule 2(b) reads as
under:
"The
power of Central Government to provide for residuary matters:- The Central
Government may after consultation with the Governments of the State concerned,
make regulations to regulate in matters relating to conditions of service of
person appointed to All India Service for which there is on provision in the
Rules made or deemed to have been made under the All India Services Act, 1951
(61 of 1951) and until said regulations are made such matters shall be
regulated:- (a) xxx xxxxx xxxxxx (b) In the case of persons serving in
connection with the affairs of State, by the Rules, regulations and orders
applicable to officers to such exceptions and modifications as the Central
government may, after Consultation with the State Government concerned, by
order in writing make." A reading thereof would clearly indicate that the
Central Government, after consultation with the Government of State concerned,
may make regulations to regulate, in matters relating to conditions of service
of persons appointed to All India Service, for which there is no provision in
the rules made or deemed to have been made under The All India Service Act,
1951 until the said regulations are made and such mattes shall be regulated. In
the case of persons serving in connection with the affairs of State, the
Central Government may, by the rules regulations and orders applicable to
officers with such exceptions and modifications, make after consulation with
the State Government concerned, by order in writing. In the absence of any concurrence
by the Central Government and express order passed in that behalf permitting
the State Government to grant incentives to the personnel in All India Service
Cadre, The Incentives Provided to the State Government employees governed by
the State Services employees governed by the State Services per se are not
applicable and, therefore, the respondent, and IAS is not eligible to the
incentive of four advance increments for his securing PH.D degree.
The
appeal is, accordingly, allowed. The judgment of the High Court Stands set
aside. The judgment of the High Court stands set aside. The judgment of the
learned single judge followed in that judgment stands reversed. No costs.
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