The Supreme Court in Union of India vs. Raj Kumar Jha has held that seniority in IPS will depend on the date of induction to IPS and it cannot be based on the length of service in any other Service prior to the induction.
The court was disposing of an appeal preferred by the state against a High Court finding that, after the introduction of the Sixth Pay Commission Report, the seniority will depend on the grade pay.
“The Pay Commission Report has nothing to do with the fixation of seniority in a service. That is governed by the rules of the service. Even otherwise, the Terms of Reference clearly indicate that the Commission was only called upon to examine the principles, the date of effect thereof that should govern the structure of pay, allowances and other facilities/benefits whether in cash or in kind etc.”, the Court said.
There are umpteen numbers of situations where a senior officer in a service will be drawing a lesser pay than the junior, said the Bench while rejecting the argument that no junior officer will draw a higher pay on rationalization of the grade pay.
The Bench comprising Justice Kurian Joseph and Justice R. Banumathi, reiterating the well-settled position that the Court cannot direct for any legislation, set aside the direction issued by the High Court to amend the provisions of Indian Police Service (Appointment by Promotion) Regulations, 1955 and the Indian Police Service (Pay) Rules, 2007.
The Court said: “Merely because the pay has been protected that by itself cannot endure to an added advantage of seniority over the direct recruits who have already been in the IPS for quite a few years when the officers were inducted from the DANIPS. The whole scheme of grade pay is to operate only qua different posts within the same service.”