The Allahabad High Court has given a ruling that will benefit all those State Civil Service officers who are inducted into the Indian Administrative Service (IAS) on probation. The High Court has ruled that all such officers are entitled to the same pay scale benefits granted to their juniors in the State Civil Service, as long as they retain their lien on the state post.
Setting aside the orders of the Central Administrative Tribunal, the High Court directed the Union Government and State authorities to release arrears of pay based on the pay scale of Rs. 67,000-79,000/- w.e.f. June 20, 2013, along with 6 percent interest.
The Division Bench, comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, gave its ruling while hearing the writ petitions filed by Badal Chatterjee and Shankar Singh challenging the denial of benefits. They argued that they were governed by All India Service (AIS) rules and had not been confirmed in the IAS.
The High Court held that under Government of India decisions and relevant Office Memoranda, a probationer retains a lien on the State Service and is entitled to all benefits, including confirmation in the Selection Grade, before confirmation in the AIS.
The petitioner, Badal Chatterjee, was a 1979 batch Provincial Civil Service (PCS) officer of Uttar Pradesh, who was inducted into the IAS on probation on November 28, 2012. During his probation period in the IAS, PCS officers of his 1979 batch were granted the pay scale of Rs. 67,000-79,000/- on June 20, 2013, but he was denied these benefits.
The petitioner moved the Central Administrative Tribunal (CAT), challenging the denial, but his petition was dismissed by the CAT on December 23, 2024. The Tribunal said that the petitioner had a “choice to revert back” to the PCS to avail of the promotion and that his service conditions were governed by AIS rules.
On the other hand, the petitioner claimed parity with his juniors in the State cadre, citing his lien on the PCS post. In the meantime, he retired on February 28, 2015, as Commissioner of the Food Safety and Drugs Administration, but despite his several representations and a previous order from the tribunal directing the authorities to decide his claim, the relief was denied to him.
The core legal issue before the court was to decide whether an officer inducted into the All India Services (AIS) on probation, while maintaining a lien in the State Civil Services, is entitled to pay upgrades granted to their juniors in the State cadre.
The Bench referred to the Office Memorandum dated 01.12.1994, which explicitly states that emoluments of officers promoted from PCS to IAS shall not be less than the emoluments of junior officers.
The High Court also rejected the govt’s contention that benefits apply only upon confirmation and that the petitioner had relinquished the PCS after induction into the IAS and retired during the probation period.
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