SPSC Chairman to get benefits at par with CS, directs High Court

VISHNU NEOPANEY
GANGTOK, 12 Sept: The division bench of Sikkim High Court has directed the State Government to pay the Sikkim Public Service Commission chairman monetary benefits and other statutory benefits at par with the Chief Secretary. The SPSC is a statutory organisation consisting of two Members and one Chairman as prescribed under the Sikkim Public Service Commission (Member) Regulations, 1983.
Former SPSC Chairman, KN Sharma, had filed a Writ demanding various benefits as Member and Chairman of the Commission, including the North-East Allowances, after his retirement from the post of Chairman. Some benefits were paid to the petitioner before the filing of this petition and some of the benefits were released during the pendency of this petition except the North-East Allowance.
Mr Sharma was appointed as a member of the SPSC on 02 November 2007 and worked in various capacities [as Acting Chairman and Chairman] till he attained superannuation at the age of 62 years.
The division Bench of High Court in its judgment directed the State respondents to grant North-East Allowance as receivable by the Chief Secretary of the State to the petitioner for the period he has served as a Chairman of the Sikkim Public Service Commission. It was stated that the benefit should be calculated and paid to the petitioner within a period of 3 months, failing which the petitioner shall be entitled to the interest @ 6% till the amount is actually paid.
The High Court has rejected the State’s contention that the North-East Allowance are only payable to the All India Service members belonging to the State cadre posted in the State and not to the Chairman of the Commission as being “bereft of any logic or legal sanctity”.
The High Court further said that a bare perusal of Regulation 13 wherein unequivocal and unqualified emphasis is on equation of conditions of service of the Chairman with the Chief Secretary of the State in respect to all matters for which the regulations are silent.
The judgment stated that “…if any benefit is available to the Chief Secretary under any rule or order, the Chairman shall be entitled to such benefit if not disadvantageous subject to regulations framed under Article 318. It is not in dispute that the Chief Secretary of the State is entitled and is receiving North-East Allowance by virtue of the Office Memoranda’s.”
The Court observed that in the absence of any express provision under the regulations disentitling him, the petitioner is entitled to North-East Allowance under the same rule and order as are applicable to the Chief Secretary by virtue of parity of conditions of service with that of the Chief Secretary of the State. Any other interpretation would impinge upon and do violence to the provisions of Regulation 13, it was noted.