STATE OF HARYANA v.

DR. A.K. SINHA

FEBRUARY 20, 1997

[K. RAMASWAMY ANDS. SAGHIR AHMAD, JJ.]

Service Matter:

All India Services (Conditions of Service Residuary Matters) Rules,

I960:

Rule 2(b )-Advance increments on acquiring Ph.D. degree-Member of !AS-Allotted to State Cadre-Acquiring Ph.D. degree during service-Claim

for four advance increments-Held, not maintainable-In the absence of any concu"ence by the Central Government and an e, xpress order passed in that behalf permitting the State Government to grant incentives to the personnel D in All India Service Cadre, the incentives provided to State Government emploJ.ees governed by the State Service per se are not applicable, and,

I therefore, the respondent, an IA.S. is not eligible to the incentive of four increments for his securing Ph.D. Degree.

CIVIL APPELLA'.fE JURISDICTION: Civil Appeal No. 11411 of E 1983.

From the Judgment and Order dated 11.3.82 of the Punjab & Haryana High Court in C.W.P. No. 5173 of 1981.

B.S. Chahar for Prem Malhotra for the Appellant.

The following Order of the Court was delivered :

This appeal by special leave arises from the judgment of the Punjab

and Haryana High Court, made on March 11, 1982 in CWP No. 5173/81. G

The respondent, an IAS, allotted to the cadre of Haryana, while in service had obtained Ph.D. degree in 1979. He filed the writ petition seeking direction to tne Siate to grant him four advance increments 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 H 323

SUPREME COURT REPORTS

[1997] 2 S.C.R.

A 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 B 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 notice to the respondent. Notice was returned with an endorsement that the respondent stood retired from service. He has not C 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 D 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 no provision in the Rules made or deemed to have been made under the All India Services Act, 1951 (61of1951) and until said regulations are made such matters shall be regulated :

(a) xxxx xxxx xxxx

(b) In the case of persons serving in connection with the affairs of State, by the rules, regulations and orders applicable to officers of the State Civil Service Class I subject 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 the 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 H the rules made or deemed to have been made under the All India Services

STATEv. AK.SINHA 325

Act, 1951 until the said regulations are made and such matters shall be A regulated. In the case of persons serving in connection with the affairs of State, by the rules, regulations and orders applicable to officers, with such exceptions and modifications as the Central Government may, make after consultation with the State Government concerned, by order in writing. In the absence of any concurrence by the Central Government and an express B order passed in that behalf permitting the Sta_te Government to grant incentives to the personni:l in All India Services Cadre, the incentives provided to the State Government employees governed by the State Services per se are not applicable and, therefore, the respondent, as IAS is not eligible to the incentive of four advance increments for his securing Ph.D. decree.

The appeal is, accordingly, allowed. The judgment of the High Court stands set aside. The judgment of the learned single Judge followed in that judgment stands reversed. No costs.

R.P.

Appeal allowed. D