AJAY KUMAR Vs. UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE AND PENSIONS, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Solicitor General for the Union of India as also learned counsel for the State of Bihar.

(2.) The petitioner, in the present case, is aggrieved by the order dated 9th January, 2013 passed by learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as "CAT Bench, Patna") in OA No. 36 of 2011 by which the application preferred by the petitioner for a direction to the respondent State of Bihar and its authorities to allow promotion / upgradation of the applicant in the apex scale with effect from October, 2010 as advised vide letter no. 14020/01/2010-AIS II dated 19.10.2010 (contained in Annexure P/3 to the application) and clarified vide letter no. 14020/01/2010-AIS II dated 17.01.2011 (contained in Annexure P/6 of the application) notionally and a further prayer that the applicant be allowed his pension and all the pensionary benefits in accordance with the same have been refused by the learned CAT Bench, Patna.

(3.) The applicant happened to be an IAS officer belonging to the Bihar Cadre. It is his case that he became eligible for promotion / upgradation to the apex scale, i.e., scale equivalent to that of the Chief Secretary, since he was due to retire on 31.01.2011, the applicant submitted a representation on 01.06.2010 to the Chief Secretary, Bihar and referring to the second proviso to Rule 4(2) of The Indian Administrative Service (Cadre) Rules, 1954 (hereinafter referred to as "the Rules") requested that the State Government may take a decision to create a temporary post in addition to the cadre post of Chief Secretary which may cease to exist on the retirement of the applicant. It was submitted by the applicant that in absence of a vacancy in the apex scale, the State Government, taking recourse to the said provision of the Rules, is competent to temporarily add to the cadre post in the apex scale and allow the applicant the benefit of the said temporary addition to the cadre post till the date of his retirement.