Court decries bureaucratic delay and grants relief to officers denied pay parity and benefits due to probation status.
In a significant ruling, the Allahabad High Court has directed the release of arrears and benefits to officers inducted into the Indian Administrative Service (IAS) while retaining their lien in the State Civil Services. The court found the denial of these benefits unjustified, especially when juniors in the State Civil Services received higher pay scales.
The case involved writ petitions filed by Badal Chatterjee and Shankar Singh against the Union of India and others, challenging the orders of the Central Administrative Tribunal, Allahabad Bench. The petitioners, initially officers of the Provincial Civil Service (PCS) of Uttar Pradesh, were inducted into the IAS cadre but faced denial of pay scale benefits of Rs. 67000-79000/- received by their juniors in the PCS.
The court emphasized that Clause 4 of the Government of India's decision contained in the Indian Administrative Service (Appointment by Promotion) Regulations, 1955, entitles IAS probationers to all benefits accruing in their State Service, notwithstanding their probationary status in the IAS. The bench, comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, concluded that the benefits applicable to probationers in the IAS cadre could not be withheld based on non-confirmation or probation status.
Drawing parallels with the case of Rajesh Kumar Srivastava, an officer in the State Police Services who received similar relief, the court noted that no discrimination should be made between IAS and IPS officers during the probation period, as both are governed by identical Office Memoranda.
The High Court criticized the respondents for bureaucratic red-tapism, which resulted in unjustified delays and denial of rightful benefits to the petitioners. The court directed the respondents to release arrears of pay and revised retiral benefits, with 6% simple interest, to the petitioners within two months.
The ruling is expected to impact similarly placed officers, reinforcing the principle of parity in pay scales and benefits across All India Services during probation.
Bottom Line:
Service Law - Officers inducted into Indian Administrative Service (IAS) while retaining lien in State Civil Services are entitled to benefits under Government of India's decision and Office Memoranda during probation period.
Statutory provision(s): Indian Administrative Service (Appointment by Promotion) Regulations, 1955; Office Memoranda dated 29.06.1965 and 31.10.1966; Office Memorandum dated 01.12.1994; Indian Administrative Service (Probation) Rules, 1954
Badal Chatterjee v. Union of India, (Allahabad)(DB) : Law Finder Doc Id # 2838675
