S Satish Kumar vs M/O External Affairs on 4 September, 2017

5 OA-3357/2013, MA-2825/2013 Now, there has been a drastic change in the cadre scenario as also in the age profile of IFS 'B' officers. This has happened because of stoppage of entry of 'stenographers' cadre' into general stream of the IFS 'B'. Consequently, the stagnation of Section Officers (SO) of IFS 'B' has vanished since 2008. Moreover, the Ministry of External Affairs Expansion Plan- 2008 has reserved 12 out of 32 additions to the IFS Cadre every year for promotees. This has also created promotional avenues for the promotees due to which the problem of stagnation in their cadre had disappeared. This is evident from the fact that during the period November, 2010 to September, 2012, 149 officers of IFS 'B' have found promotion to IFS. This is also evident from the fact that after September, 2012 promotions could not be held as no officer having qualifying number of years service is available.

4. According to the applicants the respondents are probably assuming that Grade-I of IFS 'B' is equivalent to Senior Scale of the IFS. However, this assumption is erroneous because Rule-15(4) clearly states that induction from Grade-I of IFS 'B' to Senior Scale of IFS is promotion. Moreover, officers on being so inducted are also granted an increment, which is granted only on promotion. While, it is true that grade pay of Grade-I of IFS 'B' and Senior Scale of IFS is now same at Rs. 6600 after the recommendations of the 6th Central Pay Commission have been accepted, prior to that the Senior Scale of IFS was higher. Thus, Senior Scale of IFS was Rs. 10650-15850 whereas Grade-I of IFS 'B' was Rs. 10000-15200. The applicants have asserted that the prescription for seniority fixation as provided under the Rules was against all tenets of seniority determination as found in service jurisprudence.

7. The applicants have also submitted that grant of retrospective seniority to the promotees and additional posts under the expansion plan has led to large scale demotivation and demoralization of the direct recruit officers working in the Senior Scale or Junior Administrative Grade. They have quoted examples to state that a Section Officer joining MEA in 1997 gets seniority of 2002 whereas a Dy. Collector joining service in 2001 gets seniority of 2010 in the IAS.

8. The applicants have further submitted that after issue of MEA Notification dated 05.10.2010, the IFS Rules have been so notified that the role of UPSC from the Departmental Promotion Committee (DPC) for induction of promotee officers to IFS has been removed. This particular amendment is also in contravention with the provisions of Article-320 of the Constitution, which lays down the functions of Union Public Service Commission (UPSC). For this, the applicants have asserted that UPSC's concurrence to this amendment was 9 OA-3357/2013, MA-2825/2013 obtained by misrepresentation of the facts by the official respondents whereby UPSC was informed that since the DPC for promotion from the grade of SO to Grade-I of IFS 'B' take place under the Chairmanship of UPSC, there was no need for UPSC to participate in the DPC for promotion from Grade-I of IFS 'B' to Senior Scale of IFS. The applicants contend that promotion from Grade-I of IFS 'B' to Senior Scale of IFS being promotion to Group-A Central Service attracts the provisions of Article-320, Sub-Article-3(b) of the Constitution, which provides for mandatory consultation with UPSC in such matter.

S.No. Name of the Post Pay Scale                    Grade Pay
      (Group 'A')
1.    Grade-I      of     IFS Apex Scale 80000
      (Secretary)             (fixed)
2.    Grade-II     of     IFS HAG scale 67000-
      (Additional             79000
      Secretary)
3.    Grade-III of IFS (Joint SAG, Pay Band 4 10000
      Secretary)              (37400-67000)
4.    Grade-IV      of    IFS Selection grade, Pay 8700
      (Director)              Band     4    (37400-
                              67000)
                                       11                   OA-3357/2013, MA-2825/2013


5.      Junior Administrative       Pay Band 3 (15600- 7600
        Grade of IFS (Deputy        39100)
        Secretary)
6.      Senior Scale of IFS         Pay Band 3 (15600- 6600
        (Under Secretary)           39100)
7.      Junior Scale of IFS         Pay Band 3 (15600- 5400
        (Under Secretary)           39100)

              Indian Foreign Service Branch B (IFS 'B') cadre

S.No. Name of the Post              Pay Scale                  Grade Pay

1.      Grade-I of IFS B Pay Band 3 (15600- 6600
        (Under     Secretary)
        (Group 'A')           39100)

2.      Integrated Grade II &       Pay Band 2 (9300- 4800
        III of IFS B (Section       34800)
        Officer) (Group 'B')
3.      Grade-IV of IFS B           Pay Band 2 (9300- 4600
        (Assistant)   (Group        34800)
        'B')
4.      Grade-V of IFS B            Pay Band 1 (5200- 2400
        (UDC) (Group 'B')           20200)
5.      Grade-VI of IFS B           Pay Band 1 (5200- 1900
        (LDC) (Group 'B')           20200)

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