The applicant, was appointed to the IAS in May 1994 and his year of allotment to IAS was 1989. The date for eligibility to non-functional JAG is January 1 of the tenth year of service and the applicant became eligible for it with effect from January 1, 1998, but he was bypassed and his representation was rejected.

The department pleaded that the decision regarding contemplation of disciplinary action against the applicant had been taken in December 1998 i.e. before the date he became due to JAG, and this was sufficient for not releasing JAG to him.

The case of the applicant was that a member of the IAS who is under suspension or against whom disciplinary or criminal proceedings are pending on the date of his eligibility for JAG, shall not be allowed this grade till his suspension is revoked and the proceedings against him are concluded. The bench accepted the applicants' contentions and held that JAG cannot be denied merely on the ground of contemplation of disciplinary proceedings. The bench directed the respondents to grant JAG to the applicant from January 1, 1998, with all consequential benefits, including arrears, with interest at the rate of 12 per cent per annum.