STATE OF HARYANA versus DR. A.K. SINHA

Citation: [1997] 2 S.C.R. 323 · Decided: 20-02-1997 · Supreme Court of India · Bench: K. RAMASWAMY, S. SAGHIR AHMAD · Disposal: Appeal(s) allowed
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Judgment (excerpt)

-; 
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 
A 
B 
c 
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 
F 
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: 
E 
F 
G 
"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 
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 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 
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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 wr
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