Shweta Bansal v. Union of India & Anr

1. On 24.03.2023, notice was issued to the Ministry of External Affairs („MEA‟). Mr. Anil Soni, the learned CGSC represents UOI.

2. By judgment and order dated 29.07.2016, this court had granted the following relief to the applicant: “…24. In view of the aforesaid discussion, we allow the present writ petition and modify the impugned order passed by the Tribunal by holding that the petitioner is eligible for allocation/appointment to the IFS in CSE-2012. We accordingly direct and issue mandamus to the respondents to proceed to issue selection letter, etc. for appointment of the petitioner to the Indian Foreign Service. The petitioner would not be entitled to backwages and would undergo training with the next batch. However, the petitioner would be entitled to the benefit of service from the date on which she could have been ordinarily appointed. Further, this prior period till the date of actual appointment would not be treated as actual service qualifying for promotion. Consequently, promotions already made shall not be disturbed as a result of the relief granted to the petitioner. Subject to the said limitations, the entire period commencing from the date she would have been ordinarily appointed would be treated as a part of her continuous service for all purposes including the retiral benefits and fixation of seniority.”

3. The effect of the above is that the petitioner shall be treated as an Officer of the IFS 2013 Batch. In terms of the last sentence of the said paragraph, for the purposes of fixation of seniority, she shall be treated as being in continuous service from the date she could have been ordinarily appointed. She has been in service ever since. Her grievance is that now she is not being granted the Grade of Senior Scale w.e.f. 01.07.2017 at par with the 2013 Batch.

4. She also desires that the issue be clarified, so that no such obstacles manifest in the future apropos grant of service benefits, promotions, etc. that she may be entitled to. She seeks the following reliefs:- “a. Pass an order directing the Ministry of External Affairs to ensure proper implementation of the Final Order and Judgment dated 29.07.2016. b. Pass an order directing the Ministry of External Affairs to grant Junior Administrative Grade (JAG) and the rank of Deputy Secretary to the Petitioner on par with the 2013 Batch w.e.f. 01.01.2022. c. Pass an order directing the Respondents to grant the Grade of Senior Scale to the Petitioner on par with the 2013 Batch, i.e., w.e.f. 01.07.2017. d. Pass an order directing the Respondents to not obstruct the Petitioner from receiving any future promotions and benefits that she may be entitled to in terms of the prevailing law and the dictum of this Hon’ble Court.”

5. In terms of the aforesaid judgment, the petitioner/applicant was to be treated at par with her 2013 Batch-mates. The latter have been granted Senior Scale and Junior Administrative Grade („JAG‟) but she has been singled out for denial of those benefits, for the reason that she has not served for 4 years for the Senior Scale and 9 years for JAG. The insistence by the repondents for the said service experience would have to be founded in the Service Rules but the Service Rules do not impose any such pre-condition for being granted either the Senior Scale or Junior Administrative Grade. The relevant Rules stipulate as under:- “....

5. Junior Administrative Grade Level 12 in the Pay Matrix (Rs. 78800-

209200) Appointment by placement in the grade on non – selection basis Officers will be eligible on completion of nine years of qualifying service in the Indian Foreign Service. This grade is nonfunctional and shall be admissible to all officers from the 1st January of the relevant year provided that all officers have been confirmed in Service. Not Applicable

6. Senior Scale Level 11 in the Pay Matrix (Rs. 67700-

208700) (1) For Direct Recruits appointed in accordance with sub-rule (1) of rule 8: Promotion by Selection (1) Officers appointed to the service on the basis of sub-rule (1) of rule 8 will completion of four years of qualifying Indian Foreign For promotees with sub-rule (2) of rule 8: (2) For promotees with of rule 8: Promotion by Selection Service. Provided that officers will confirmation in service and that such appointments shall not be made before the 1st day of January of the year in which a member of the Service completes four years of qualifying Indian Foreign Service. (2) Promotion of Grade I of Indian Foreign Service, Branch B into Senior Scale of Indian Foreign Service shall be in with of rule 8 shall be 'VERY GOOD' in Annual Performance Appraisal Reports of five years being considered for the promotion. ……”

6. In so far as the Rule does not impose any pre-condition and the petitioner otherwise qualifies under the “Eligibility Condition for Promotion” for the respondent to insist that the applicant/petitioner should have been in continuous service, is an untenable and arbitrary stance. The said reason is rejected and set-aside.

7. Interestingly, w.e.f. 03.07.2020, the petitioner, along with the 2013 Batch, has been granted the benefit of the Rank of First Secretary, for which there was no pre-condition either. The issue of continuous service had already been clarified in the last sentence of the aforequoted paragraph. Therefore, for the MEA to insist that she should have been in actual service w.e.f. 2013 is untenable and it amounts to denial of benefits which have already been granted to her. The judgment holds that, subject to the limitations noted in paragraph 24, the entire period commencing from the date she would have been ordinarily appointed, would be treated as part of her continuous service for all purposes, including for retiral benefits and fixation of seniority. Since there was no precondition applicable to her Batch for grant of Senior Scale, she is entitled to be treated at par with them, for the grant of Senior Scale and Junior Administrative Grade.

8. In view of the above, the respondents are directed to grant the applicant/ petitioner the Junior Administrative Grade and the Rank of Deputy Secretary at par with her 2013 Batch-mates w.e.f. 01.01.2022 and to grant her Senior Scale along with her batch mates w.e.f. 01.07.2017. Furthermore, for future promotions and service benefits due towards the applicant, arguments now raised by the respondent would neither be of any consequence nor an impediment for the rest of her career.

9. Appropriate orders granting the aforesaid benefits to the applicant shall be issued by the respondents within four weeks of receipt of this order.

10. The applications are disposed-off in terms of the above.