Central Administrative Tribunal - ChandigarhSukhjit Singh Bains vs Chief Secretry Of Punjab on 11 April, 20231 (OA No. 060/254/2021)\n\n     CENTRAL ADMINISTRATIVE TRIBUNAL\n            CHANDIGARH BENCH\n\n\n                          Reserved on: 01.03.2023\n                        Pronounced on: 11.04.2023\n\n\n               OA No. 060/254/2021\n\n\nHON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)\nHON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)\n\n\nSukhjit Singh Bains, IAS (Retd.), (Group A), aged 63\nyears, Resident of #327, RCS Flats, Sector 48-A,\nChandigarh.\n\n\n                                          .........Applicant\n\n (By Advocate : Sh. J.R. Syal)\n\n\n                         VERSUS\n\n1. Union of India through Secretary, Department of\n  Personnel    and   Training,    North   Block,   Central\n  Secretariat, New Delhi-110 001.\n2. Government of Punjab, through Chief Secretary,\n  Punjab Civil Secretariat, Sector 1, Chandigarh-\n  160001.\n3. Secretary to Government, Punjab, Department of\n  Personnel,   Punjab    Civil   Secretariat,   Sector   1,\n  Chandigarh-160001.\n\n\n                                          ...Respondents\n\n (BY ADVOCATE: Sh. Vinod K. Arya for respdt. No. 1\n               Sh. T.P.S. Walia, AAG for respdts.\n               No. 2 & 3\n                2 (OA No. 060/254/2021)\n\n                         ORDER\n\nPer: SH. RAMESH SINGH THAKUR MEMBER (J):1.   The present Original Application has been filed underSection 19of the Administrative Tribunals Act, 1985\n\n     against the order dated 18.01.2021 (Annexure A-13)\n\n     passed by the Chief Secretary to Government of\n\n     Punjab,    Department     of     Personnel,    IAS     Branch,\n\n     conveyed     vide     endorsement      dated    27.01.2021\n\n     whereby claim of the applicant for promotion to the\n\n     Super Time Scale has wrongly been put in a sealed\n\n     cover in view of the meeting of the Screening\n\n     Committee held on 04.01.2021 in pursuance of the\n\n     advice of the Government of India vide letter dated\n\n     04.05.2020 as per Para 11, 15 and 21 of the I.A.S.\n\n     Promotion Guidelines dated 28.03.2000.2.   The facts as stipulated by the applicant in this OA are\n\n     that the applicant belongs to 2001 batch of IAS and\n\n     was serving the State of Punjab till the date of his\n\n     retirement    on     28.02.2017.       Vide    order     dated\n\n     03.02.2012 (Annexure A-1), the applicant was placed\n\n     in the Junior Administrative Grade of Rs. 15600-\n\n     39100 + 7600 with effect from 01.01.2010.                 Vide\n\n     order     dated     22.02.2014     (Annexure     A-2),     the3 (OA No. 060/254/2021)applicant was placed in the Selection Grade of Rs.\n\n37400-67000+8700 w.e.f. 01.01.2014.                Thereafter,\n\napplicant became eligible to be placed in Super Time\n\nScale w.e.f. 01.01.2017 after completion of 16 years\n\nof service under the provisions of the rules (Annexure\n\nA-3).    A meeting of the Screening Committee was\n\nheld on 14.12.2016 (Annexure A-3A) under the\n\nChairmanship of Sh. Sarvesh Kaushal, IAS, the then\n\nChief Secretary to Government of Punjab and Smt.\n\nRaji    P.   Shrivastava,    IAS,    Principal   Secretary to\n\nGovernment of Punjab, Department of Personnel and\n\nSh.     K.A.P.    Sinha,    IAS,     Principal   Secretary   to\n\nGovernment         of   Punjab,     Department     of   General\n\nAdministration as Members to adjudge the suitability\n\nof IAS Officers of the 2001 Batch for promotion to the\n\nSuper Time Scale of IAS in the pay scale of Rs.\n\n37,400-67,000 + Rs/ 10,000/- Grade Pay with effect\n\nfrom 01.01.2017.            The Committee perused the\n\npromotion guidelines dated 28.03.2000 and IAS (Pay)\n\nRules, 2007 regarding promotion of members of the\n\nService to various grades and proceeded to adjudge\n\nthe suitability of as many as five officers wherein the\n\nname of the applicant appeared at Sr. No. 4. The4 (OA No. 060/254/2021)applicant had obtained a copy of the proceedings of\n\n     the meeting of the said Screening Committee and\n\n     found that the Committee proceeded to adjudge the\n\n     suitability of the applicant along with others, but gave\n\n     no recommendation in respect of the applicant along\n\n     with another, for the reasons best known to the\n\n     Screening Committee, irrespective of the fact that\n\n     there was nothing adverse against the applicant on\n\n     the date the said meeting was held.3.   That while in the service of the respondents, a\n\n     complaint     was   filed   by     the   Punjab     Financial\n\n     Corporation     Employees          Welfare       Association,\n\n     Chandigarh    against   the      applicant,    whereupon   a\n\n     preliminary inquiry was conducted.            On 20.02.2017,\n\n     on the basis of a preliminary inquiry, the applicant\n\n     was issued charge sheet under Rule 8 of the All India\n\n     Service Rules (Discipline and Appeal) Rules, 1969, on\n\n     the misconduct as detailed in the charge-memo itself.\n\n     During the pendency of the disciplinary proceedings,\n\n     the applicant retired on 28.02.2017 from the cadre\n\n     post of IAS, on attaining the age of superannuation.\n\n     In the meanwhile, the Inquiry officer submitted his\n\n     inquiry report fully exonerating the applicant and 0n5 (OA No. 060/254/2021)11.10.2018 (Annexure A-4), the respondent No. 2\n\n     after examining the same, dropped the charge sheet\n\n     issued to the applicant.4.   It is submitted by the applicant that the respondents\n\n     on the recommendations of the DPC held in the\n\n     month of December, 2016, placed S/Sh. Gurkirpal\n\n     Singh, Priyank Bharti and Arvinder Singh Bains, IAS\n\n     Officers of the 2001 Batch in the Super Time Scale,\n\n     but the applicant was not granted the said Super\n\n     Time Scale w.e.f. 01.01.2017.5.   The applicant made a representation on 23.06.2017\n\n     (Annexure A-5) to this effect to the respondents.6.   Again, on 28.02.2017 (Annexure A-6), the applicant\n\n     addressed a representation to the Joint Secretary,\n\n     Government of India, Department of Personnel &\n\n     Training, New Delhi, stating that in spite of his being\n\n     eligible for the same, the State Government had not\n\n     considered his claim for Super Time Scale for the\n\n     reasons best known to them. The Government of\n\n     India sought comments on the representation of the\n\n     applicant from the respondent No. 2 vide letter dated\n\n     13.03.2018 (Annexure A-7).         The Special Secretary\n\n     Personnel in the Government of Punjab, Department6 (OA No. 060/254/2021)of   Personnel   (IAS    Branch)   vide     letter   dated\n\n     09.04.2018 (Annexure A-8) sought clarification from\n\n     respondent No. 1 regarding the deemed date in the\n\n     allotment year from which the period of service in the\n\n     IAS is to be counted for the purpose of calculating 16\n\n     years of service for the grant of Super Time Scale for\n\n     officers promoted to IAS from State Civil Service. In\n\n     the communication, it was specifically pointed out\n\n     that RR Officers of 2001 Batch joined their service in\n\n     the IAS on 02.09.2001 and were granted Super Time\n\n     Scale from 22.12.2016.7.   It is further stated that on the representation of the\n\n     applicant regarding denial of promotion to the Grade\n\n     of Super Time Scale by the State Government, the\n\n     Government of India in the Ministry of Personnel,\n\n     Public   Grievances   and   Pensions,     Department    of\n\n     Personnel & Training, New Delhi vide letter dated\n\n     22.06.2018 (Annexure A-9), addressed a letter to the\n\n     Chief Secretary, Government of Punjab, Department\n\n     of Personnel, IAS Branch, Chandigarh, conveyed that\n\n     any officer of 2001 Batch, inter alia, Sh. S.S. Bains\n\n     (present applicant) would be eligible to be considered\n\n     for promotion to Super Time Scale w.e.f. 01.01.2017.7 (OA No. 060/254/2021)The decision was conveyed with the approval of the\n\n     competent authority.8.   The applicant served a Legal Notice dated 02.12.2019\n\n     (Annexure A-10) calling upon the respondents to\n\n     grant him the Super Time Scale w.e.f. 01.01.2017\n\n     and also grant him consequential benefits alongwith\n\n     interest @12% p.a.        After a period of eight months,\n\n     the Government of Punjab replied vide letter dated\n\n     17.08.2020 (Annexure A-11) informing the applicant\n\n     that   his   case   for   adjudging   the   suitability   for\n\n     promotion to Super Time Scale w.e.f. 01.01.2017 is\n\n     under consideration of the Government of Punjab.9.   Applicant, on not getting any desired benefit released,\n\n     filed OA No. 060/853/2020 praying for a direction to\n\n     the respondents to release the benefit of Super Time\n\n     Scale on time bound basis. This OA was decided on\n\n     10.11.2020 (Annexure A-12) and respondents were\n\n     directed to decide the claim of the applicant within six\n\n     weeks in accordance with rules and advice rendered\n\n     by DOP&T.10. In compliance of order dated 10.11.2020, instead of\n\n     releasing the Super Time scale to the applicant w.e.f.\n\n     01.01.2017, the date it was due, a speaking order8 (OA No. 060/254/2021)was passed by the respondents, putting the case of\n\n    the applicant for promotion to the Super Time Scale\n\n    in the sealed cover till the time pending FIR is\n\n    finalized. Hence this OA.11. The respondents have filed their reply wherein they\n\n    submitted       that   I.A.S.   officers    of   the   State\n\n    Government have been granted promotion to the\n\n    various scales of Indian Administrative Service in\n\n    accordance with the I.A.S. Promotion Guidelines\n\n    issued by the Government of India vide letter dated\n\n    28.03.2000 (Annexure R-1).            The relevant para for\n\n    grant of Super Time Scale to the I.A.S. Officers is as\n\n    follows:-"The members of the Service who are working in\n         the Selection Grade and have completed 16 years\n         of service shall be eligible for appointment in the\n         Supertime Scale at any time during the year of\n         their eligibility, subject to the availability of\n         vacancies in this grade."12. The respondents submitted that the applicant joined\n\n    the I.A.S. Cadre Punjab on 13.08.2009 and the batch\n\n    allotted to him was 2001. Hence, the Officer was to\n\n    complete 16 years of service on 12.08.2017 whereas\n\n    he retired on 28.02.2017 before completing 16 years\n\n    of service in I.S. and therefore, he could not be9 (OA No. 060/254/2021)considered for promotion to Super Time Scale in the\n\n    Screening Committee's meeting held on 14.12.2016.13. The    applicant   represented       on    26.12.2016       and\n\n    28.12.2016 for considering him for promotion to the\n\n    Super Time Scale w.e.f. 01.01.2017.               His case for\n\n    promotion to the Super Time Scale was considered in\n\n    the    Screening    Committee's       Meeting        held    on\n\n    30.01.2018      (Annexure    R-3)    and    the    Committee\n\n    decided to take a clarification in this regard from\n\n    Department of Personnel and Training, Government\n\n    of India, New Delhi. Hence, a clarification was sought\n\n    vide   letter   dated    09.04.2018        (Annexure        R-4)\n\n    regarding the deemed date in the allotment year from\n\n    which the period of service in the I.A.S. is to be\n\n    counted for the purpose of calculating 16 years of\n\n    service   for   grant   of   Super    Time    Scale.        The\n\n    Government of India vide letter dated 22.06.2018\n\n    (Annexure A-9) had advised that as per Note 1 & 2\n\n    under Rule 3 of IAS (Pay) Rules, 2016 and IAS\n\n    Promotion Guidelines, a member of service becomes\n\n    available to be considered for promotion to Super\n\n    Time Scale after completing 16 years of service w.e.f.\n\n    1st January of relevant year. As such, any officer of10 (OA No. 060/254/2021)2001 batch, interalia Sh. S.S. Bains would be eligible\n\n     to be considered for promotion to Super Time Scale\n\n     w.e.f. 01.01.2017.14. It is further stated by the respondents that an FIR No.\n\n     2 dated 20.02.2018 (Annexure A-14) was registered\n\n     by the Vigilance Bureau for misappropriation of funds\n\n     in respect of release of compensation in acquiring\n\n     panchayat land in the name of village Jheurheri,\n\n     District Mohali during the tenure of Sh. Sukhjit Singh\n\n     Bains, as Director, Rural Development and Panchayat.\n\n     Under these circumstances, an advice from the\n\n     Government of India was sought regarding the date\n\n     (as on the date of Screening Committee Meeting or as\n\n     on    the     due    date     of      promotion)     the\n\n     Disciplinary/Departmental/Vigilance          proceedings\n\n     pending against an officer are to be considered, in\n\n     cases where an officer is to be considered for\n\n     promotion w.e.f. retrospective date. The Government\n\n     of India vide letter dated 04.05.2020 (Annexure R-6)\n\n     had advised to process such cases as per Paras 11,\n\n     15 and 18 onwards of IAS Promotion Guidelines dated\n\n     28.03.2000.     These    paragraphs    are   reproduced\n\n     hereunder:-11 (OA No. 060/254/2021)"11. PROCEDURE TO BE FOLLOWED IN RESPECT OF\nOFFICERS AGAINST WHOM DISCIPLINARY/COURT\nPROCEEDINGS ARE PENDING OR WHOSE CONDUCT\nIS UNDER INVESTIGATION\n\n11.1 At the time of consideration of the cases of officers\nfor promotion, details of such officers in the zone of\nconsideration falling under the following categories should\nbe specifically brought to the notice of the concerned\nScreening Committees:-(a) Officers under suspension; (b) Officers in respect of\nwhom a chargesheet has been issued and disciplinary\nproceedings are pending ; (c) Officers in respect of whom\nprosecution for criminal charge is pending.11.2 The Screening Committee shall assess the suitability\nof the officers coming within the purview of the\ncircumstances mentioned above, alongwith other eligible\ncandidates, without taking into consideration the\ndisciplinary case/criminal prosecution which is pending.\nThe assessment of the Committee including "Unfit for\nPromotion" and the grading awarded by it will be kept in a\nsealed cover. The cover will be superscribed "FINDINGS\nREGARDING THE SUITABILITY FOR PROMOTION TO THE\nSCALE           OF................IN           RESPECT           OF\nSHRI..........................NOT TO BE OPENED TILL THE\nTERMINATION OF THE DISCIPLINARY CASE/CRIMINAL\nPROSECUTION AGAINST SHRI.................." The proceedings\nof the Committee need only contain the note " THE\nFINDINGS ARE CONTAINED IN THE ATTACHED SEALEAD\nCOVER". The same procedure will be adopted by the\nsubsequent Screening Committees till the disciplinary\ncase/criminal prosecution against the officer concerned is\nconcluded.15. VIGILANCE CLEARANCE WHILE IMPLEMENTING\nTHE COMMITTEE RECOMMENDATIONS\n\nA clearance from vigilance angle should be available\nbefore making actual promotion or confirmation of officers\napproved by the Committee to ensure that no disciplinary\nproceedings are pending against the officer concerned.21. SEALED COVER PROCEDURE APPLICABLE TO\nOFFICERS IN WHOSE CASES CONTINGENCIES OF\nPARA   11.1 SUPRA  ARISE  BEFORE  ACTUAL\nPROMOTION\n\n In the case of an officer recommended for promotion by\nthe Screening Committee where any of the circumstances12 (OA No. 060/254/2021)mentioned in para 11 above arise before actual\n     promotion, sealed cover procedure would be followed. The\n     subsequent Committee shall assess the suitability of such\n     officers along with other eligible candidates and place\n     their assessment in sealed cover. The sealed cover/covers\n     will be opened on conclusion of the disciplinary\n     case/criminal prosecution. In case the officer is\n     completely exonerated, he would be promoted as per the\n     procedure outlines in para 18 above and the question of\n     grant of arrears would also be decided accordingly. If any\n     penalty is imposed upon him as a result of the disciplinary\n     proceedings or if he is found guilty in the criminal\n     prosecution against him, the findings of the sealed cover\n     shall not be acted upon, as outlined in para 18.2 above."15. In   compliance    of   the   order    dated    10.11.2020\n\n    (Annexure A-12) passed by this Tribunal in OA No.\n\n    060/853/2020, the case of Sh. Sukhjit Singh Bains\n\n    I.A.S.(retd.) was considered in the Meeting of the\n\n    Screening Committee held on 04.01.2021 and in\n\n    pursuance of advice of Government of India sent vide\n\n    their letter dated 04.05.2020 (Annexure R-6), as per\n\n    Para 11, 15 and 21 of the I.A.S. Promotion Guidelines\n\n    dated 28.03.2000, the case of the applicant for\n\n    promotion to the Super Time Scale was decided to be\n\n    kept in sealed cover till the time pending F.I.R. is\n\n    finalized and the decision taken by the Screening\n\n    Committee    was    conveyed to       the   applicant    vide\n\n    impugned letter dated 18.01.2021 (Annexure A-13).\n\n    Hence, no cause of action has arisen in favour of the\n\n    applicant to file this OA and the same is liable to be\n\n    dismissed being devoid of merit.13 (OA No. 060/254/2021)16. The applicant has filed the rejoinder reiterating the\n\n    facts as stated in the Original Application.       He\n\n    further stated that the case of the applicant has\n\n    wrongly been put in a sealed cover referring to Para\n\n    11, 15 and 21 of the IAS Promotion Guidelines dated\n\n    28.03.2000 only on a clarification given by the\n\n    Government of India vide letter dated 04.05.2000,\n\n    ignoring the fact that the case of applicant for Super\n\n    Time Scale was due w.e.f. 01.01.2017 and the\n\n    conduct of the officer was required to be adjudged by\n\n    the Screening Committee prior to the date the Super\n\n    Time Scale was due. It was, therefore, wrong on the\n\n    part of the Screening Committee to take cognizance\n\n    of FIR No. 2 dated 20.02.2018 reported to be\n\n    registered against the applicant by the Vigilance\n\n    Bureau. Moreover, the name of the applicant has not\n\n    been mentioned as an accused. In spite of that, the\n\n    respondents sought advice from the Government of\n\n    India regarding considering the applicant for his\n\n    placement in the Super Time Scale of IAS w.e.f.\n\n    01.01.2017. The Government of India gave an advice\n\n    on the point mentioned in the reference vide their\n\n    letter dated 04.05.2020 probably considering the fact14 (OA No. 060/254/2021)that the applicant is being considered for the Super\n\n    Time Scale from a prospective date. Since the case\n\n    of the applicant for release of the Super Time Scale\n\n    was due with effect from 01.01.2017, this fact was\n\n    duly acknowledged by the Government of India in\n\n    their letter dated 22.06.2018 (Annexure A-9). Hence,\n\n    the action of the respondents in placing the case of\n\n    promotion of the applicant to the Super Time Scale in\n\n    a sealed cover referring to the pendency of the FIR\n\n    reported to be registered on 22.02.2018 is uncalled\n\n    for.17. We have heard the learned counsels for the parties\n\n    and have carefully gone through the pleadings on\n\n    record.18. From the pleadings, the main point for determination\n\n    is that since when the Super Time Scale is due to the\n\n    applicant.19. The contention of the applicant is that the applicant\n\n    was allotted IAS Cadre in the year 2001.             The\n\n    applicant was placed in the Junior Administrative\n\n    Grade w.e.f. 01.01.2010 and thereafter, Selection\n\n    Grade     was    granted    to   the   applicant   w.e.f.\n\n    01.01.2014.15 (OA No. 060/254/2021)20. The contention of the applicant is that the applicant\n\n    became eligible to be placed in Super Time Scale\n\n    w.e.f. 01.01.2017 after completion of 16 years of\n\n    service under the provision of Rules (Annexure A-3).21. It is an admitted fact that the meeting of the\n\n    Screening    Committee     was     held      on   14.12.2016\n\n    (Annexure    A-3    A).    Though      the    applicant     was\n\n    succeeded, but was not granted Super Time Scale.\n\n    The contention of the respondents is that though the\n\n    Selection Committee has considered the case of the\n\n    applicant, but the applicant has not completed 16\n\n    years in view of the instructions vide letter dated\n\n    28.03.2000 (Annexure R-1).22. It has been submitted by the respondents that\n\n    applicant has joined the IAS Cadre (Punjab) on\n\n    13.08.2009 and was allotted IAS (2001) Batch and\n\n    the applicant was to complete 16 years of service on\n\n    12.08.2017    and    the   applicant    stood     retired    on\n\n    28.02.2017. In view of such position, the Committee\n\n    decided to take a clarification in this regard from the\n\n    Department of Personnel and Training, Government\n\n    of India, New Delhi. The same was sought vide letter\n\n    dated 09.04.2018 (Annexure R-4) regarding the16 (OA No. 060/254/2021)deemed date in the allotment year from which the\n\n    period of service in the IAS is to be counted for the\n\n    purpose of calculating 16 years of service for the\n\n    grant of Super Time Scale.23. The   contention   of    the    respondents    is   that    the\n\n    Government of India vide letter dated 22.06.2018\n\n    (Annexure A-9) had advised that a Member of service\n\n    becomes available to be considered for promotion to\n\n    the Super Time Scale after completing 16 years of\n\n    service w.e.f. 1st January of relevant year and as\n\n    such, any officer of 2001 batch would be eligible to be\n\n    considered for promotion to Super Time Scale w.e.f.\n\n    01.01.2017.24. The contention of the respondents is that FIR dated\n\n    20.02.2018    was       registered    and     advice       from\n\n    Government of India was sought regarding the date\n\n    (as on the date of the Screening Committee or as on\n\n    the    due      date       of      promotion)               the\n\n    Disciplinary/Departmental/Vigilance             proceedings\n\n    pending against an officer are to be considered in\n\n    cases where an officer is to be considered for\n\n    promotion w.e.f. retrospective date and Government\n\n    of India vide letter dated 04.05.2020 (Annexure R-6)17 (OA No. 060/254/2021)had advised to process such cases as per Paras 11,\n\n    15   and      18   of    IAS   Promotion           Guidelines   dated\n\n    28.03.2000 and the case of the application for\n\n    placement in the Super Time Scale was to be kept in\n\n    the sealed cover till the time the pending FIR is\n\n    finalized.25. From the pleadings, it is clear that till 14.12.2016\n\n    when the Selection Committee met qua the granting\n\n    of Super Time Scale, no FIR was registered against\n\n    the applicant.          On representing of the applicant\n\n    regarding denial of promotion to the Grade of Super\n\n    Time     Scale      by     the     State       Government,        the\n\n    Government         of    India    letter      dated      22.06.2018\n\n    (Annexure A-9) which was addressed to the State\n\n    Government to the effect that any officer of the 2001\n\n    Batch    would      be    eligible      to    be     considered   for\n\n    promotion to Super Time Scale w.e.f. 01.01.2017.\n\n    The respondent department, in compliance of the\n\n    order passed by this Tribunal (Annexure A-12), has\n\n    considered the applicant and a speaking order was\n\n    passed       whereby     the     case    of    the    applicant   for\n\n    promotion to Super Time Scale was put in sealed\n\n    cover till pending FIR is finalized. FIR was registered18 (OA No. 060/254/2021)on 20.02.2018.         The para IV of Guidelines for\n\n    consideration for promotion to Super Time Scale is as\n\n    under:-"IV. The members of the Service who are working\n      in the Selection Grade and have completed 16\n      years of service shall be eligible for appointment in\n      the Supertime Scale at any time during the year of\n      their eligibility, subject to availability of vacancies\n      in this grade.        The Screening Committee to\n      consider officers for promotion in this scale would\n      consist of the Chief Secretary as Chairman and 2\n      Officers working in the grade of Principal Secretary\n      within the State Government concerned, as\n      members................"26. The Union of India vide letter dated 22.06.2018\n\n    (Annexure A-9) has also intimated to the Chief\n\n    Secretary to Government of Punjab.               The same is\n\n    reproduced as hereunder:-"To\n\n           The Chief Secretary,\n           Government of Punjab,\n           Department of Personnel,\n           IAS Branch,\n          Chandigarh.Kind Attn : (Ms. Gurpreet Kaur Sapra, Special\n        Secretary (P)\n\n        Subject: Representation of Shri S.S. Bains, IAS\n        (2001) regarding denial of promotion to the Grade\n        of Super Time Scale by State Government.Sir,\n\n              I am directed to refer to the State\n        Government's letter No. 1/01/2017-IAS (4)/1186\n        dated 16.04.2018 on the above mentioned subject\n        and to say that as per Note 1 & 2 under Rule 3 of\n        IAS (Pay) Rules 2016 and IAS promotion guidelines,\n        a member of service become eligible to be\n        considered for promotion to Super Time Scale after19 (OA No. 060/254/2021)completing 16 years of service w.e.f. 1st January of\n         the relevant year.2.     As such any officer of 2001 batch, interalia\n        Shri S.S. Bains would be eligible to be considered\n        for promotion to Super Time Scale w.e.f. 1.1.2017.3.      In this context further, it is noticed that IAS\n        officers (RR) of 2001 batch also promoted to super\n        time scale on 22.12.2016, prior to their date of\n        eligibility to be considered for promotion to Super\n        Time Scale. This also appears to have been done\n        without obtaining prior concurrence of Central\n        Government for availability of vacancies, which is\n        mandatory as per Rule 392) of IAS (Pay) Rules,\n        2016.4.    This issues with the approval of competent\n        authority.Yours faithfully,\n\n                                            (Jyotsna Gupta)\n                     Under Secretary to Government of India\n                                             Tel. 23094714"27. The contention of the respondents is that the State\n\n    Government has considered the applicant in the\n\n    Selection Committee meeting held in view of Paras\n\n    11, 15 and 18 of IAS Promotion Guidelines dated\n\n    28.03.2000.     As the FIR (which was registered on\n\n    20.02.2018) was pending, the sealed cover procedure\n\n    was adopted.      The letter from Government of India\n\n    was communicated to Government of Punjab on\n\n    22.06.2018 (Annexure A-9) wherein it has been\n\n    specifically clarified by the Government of India with\n\n    reference to letter dated 16.04.2018 qua the Note 1 &\n\n    2 under Rule 3 of IAS (Pay) Rules, 2016 and IAS20 (OA No. 060/254/2021)Promotion Guidelines, a member of service becomes\n\n    available to be considered for promotion to Super\n\n    Time Scale after completing 16 years of service w.e.f.\n\n    1st January of relevant year. As such, any officer of\n\n    2001 batch, interalia Sh. S.S. Bains would be eligible\n\n    to be considered for promotion to Super Time Scale\n\n    w.e.f. 01.01.2017. Despite this, the applicant has not\n\n    been considered.28. In view of Annexure A-9 and also the rule position as\n\n    per Annexure A-3, the applicant in this Original\n\n    Application   is   eligible    to   be   considered    in   the\n\n    Screening Committee held on 14.12.2016 as the\n\n    applicant belongs to IAS (2001) Batch. The FIR has\n\n    been   registered     on      20.02.2018    which     has   no\n\n    relevance at the time of consideration of the applicant\n\n    in the meeting of Selection Committee for grant of\n\n    Super Time Scale which was held on 14.12.2016 and\n\n    there is no question for putting the case of the\n\n    applicant for grant of Super Time Scale Scale in the\n\n    sealed cover.       So, the applicant is entitled for\n\n    consideration in the Selection Screening Committee\n\n    held on 14.12.2016. Accordingly, this OA is allowed.\n\n    The impugned order dated 18.01.2022 is quashed21 (OA No. 060/254/2021)and set aside and the respondents are directed to\n\n      consider the case of the applicant for grant of Super\n\n      Time Scale as has been granted to his 2001 Batch\n\n      counterparts.29. The relevant exercise be done within two months of\n\n      grant of a certified copy of this order.30. There shall be no order so as to costs.(RASHMI SAXENA SAHNI)           (RAMESH SINGH THAKUR)\n    Member (A)                          Member (J)\nND*