STATE OF HARYANAversusDR. A.K. SINHA

                                STATE OF HARYANA                                      A
                                           v.
                                   DR. A.K. SINHA

                                 FEBRUARY 20, 1997

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

              Service Matter:

           All India Services (Conditions of Service Residuary Matters) Rules,
      I960:
                                                                                      c
              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.                        F

              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
    324                  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 incre-
    ments, 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 mat-
            ters : 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
E           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
F
            (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."
G
          A reading thereof would clearly indicate that the Central Govern-
    ment, 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 Ser-
    vices 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.                                                                       C
          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




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