Promotion to IAS does not negate entitlement to service benefits from predecessor service if applicable provisions allow for such claims.

Per Hon’ble Mr. Pankaj Kumar, Member-Administrative

In this case, the applicants have sought the following reliefs:

“(i) To direct the respondents to allow next to the highest pay scale of Rs. 67,000-79,000/- with all the consequential service benefits of pay fixation and arrears of salary etc to the applicants with effect from due dates when the applicants became entitled to this pay scale.

(ii) Any other order which is deemed just and proper in the nature and circumstances of the case be also passed in favour of the applicants in the interest of justice along with the cost of this original application.”

2. The facts of the case are that the applicants were initially appointed in the UP Provincial Civil Service (UPPCS, hereafter) and allotted 1980, 1981 and 1982 batches. They were promoted to the Indian Administrative Service (IAS) vide notification dated 27.11.2012. Following their promotion to IAS, they submitted representation to the respondents for grant of higher pay scales available to UPPCS officers who were junior to them. Having failed to elicit a response, they have preferred this OA.

3.1 The applicants state that no formal order for their confirmation in the IAS has been issued and they still maintain their lien in the UPPCS according to rules 3 and 3A of the IAS (Probation) Rules, 1954. It is contended that in terms of the circular dated 11.02.1965 issued by respondent no. 1, the applicants are entitled to all service benefits as admissible to UPPCS despite their promotion to IAS. It is contended that they are working in pay band IV of Rs. 37,400 – 67,000/- with grade pay of Rs. 10,000/- and they are entitled to the pay scale of Rs. 67,000 – 79,000/-.

3.2 It is stated by the applicants that their grievances have not been redressed despite constitution of a committee vide order dated 27.06.2016.

3.3 The applicants have cited the case of Gaya Prasad , an officer junior to them, who has been granted higher pay scales.

3.4 The applicants contend that an identical issue has been decided by this Tribunal in OA No. 257 of 2010 Rajesh Kumar Shrivastava vs Union of India & Ors vide judgment and order dated 25.02.2015 which was upheld by Hon’ble High Court on 04.08.2016 in Writ Petition No. 16174/SB/2016.

4.1 Counter affidavit has been filed by the respondents no. 2 and 3. It is stated that as per rule 3 of the IAS (Pay) Rules, 2007, there are four pay scales – Junior Scale, Senior Scale, Super Time Scale, and Above Super Time Scale. Super Time Scale is in Pay Band IV of Rs. 37,400 – 67,000/- plus grade pay of Rs. 10,000/-. Above Super Time Scale includes HAG scale of Rs. 67,000 – 79,000/- (annual increment @ 3%). As per Notes 1 and 2 below the rule, Super Time Scale and Above Super Time Scale (HAG) are admissible after completion of 16 and 25 years of service, respectively, reckoned from the year of allotment. The applicants have been assigned 2001 batch and they have not completed 25 years of service required for Above Super Time Scale (HAG) yet.

4.2 It is stated by the respondents that in respect of the circular dated 31.10.1966 and regulation 10(4) of the IAS (Appointment by Promotion) Regulation, 1955 providing for entitlement of higher pay scale to probationary IAS officer promoted from State Civil Service, a committee was constituted by the Chief Secretary of State of UP vide order dated 27.06.2016 to consider the grievance of the applicants. The committee submitted its recommendations dated 20.02.2017 and guidance was sought on the matter by the State Government vide letter dated 06.10.2017 from the Department of Personnel & Training (DoPT, hereafter), Government of India. Vide supplementary counter affidavit dated 21.05.2024, the respondents have stated that DoPT, vide its letter dated 09.05.2022 has advised as follows:

“However, in light of the provisions available during the 6th CPC i.e. in IAS (Pay) Rules, 2007, State Government may protect th