Constitution of 7th Pay Commission with a former IAS Officer as member – High Court said no for stay on a case filed by retired members of Non – IAS All India Services, CCS and Armed Services
Hon’ble Delhi High Court has issued notice to Government on a case filed by retired members of all India Services, central civil services and armed forces Challenging the notification issued by Government for formation of 7th Pay Commission. However, Hon’ble High Court declined to issue stay order for stopping the functions of 7th Pay Commission. The arguments of the Petitioners are that inclusion of a retired IAS officer as a member in 7th Pay Commission is a biased act to provide an edge for IAS Officers in pay and perks over other Group A Services and that functioning of 7th Pay Commission is to be stopped by issue of stay order
Report on this case in media is as follows
The Delhi High Court on Tuesday declined to stay the functioning of the Seventh Pay Commission while hearing a plea that challenged a notification on inclusion of a former IAS officer as a member of the panel.
Justice Sudershan Kumar Misra also issued notice to the central government on the plea filed by retired members of the all India Services, central civil services and armed forces against the government’s Feb 28 notification constituting the commission.
The petitioners argued that inclusion of a former Indian Administrative Service officer, Vivek Rae, in the four-member commission give rise to a “real likelihood of bias” on his part to give a favourable recommendation to the IAS.
The petition said: “The impugned resolution, by retaining the practice of including a member of the IAS as a member of the commission has given rise to a real likelihood of bias on the part of such member in favour of maintaining the status quo, under which the IAS enjoys a position of special privilege in respect of pay fixation.”
Rae has a directed pecuniary interest in the recommendations of the commission, as it would also determine his pension and retirement benefits, alleged the plea.
The petitioners further questioned the practice of previous pay commissions providing an “edge” in pay scales to members of the IAS over other members of the AIS and other central civil services including India Forest Services (IFS), Indian Police Service (IPS), Indian Revenue Service (IRS), and all other group A central services.