Full Judgment Text
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PETITIONER:
STATE OF PUNJAB & ORS.
Vs.
RESPONDENT:
LAL SINGH & ORS.
DATE OF JUDGMENT: 18/11/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned.
Leave granted.
We have learned counsel on both sides.
This appeal by special leave arises from the order of
the Punjab & Haryana High Court, made on November 2,1995 in
CWP No. 16409/92. The controversy raised in for the advance
increment. In which scale of pay the respondents are
entitled to advance increment is the question? Admittedly,
the respondents were appointed on substantive posts of JBT
Teachers and they were temporarily promoted as Head
Teachers. The scale of pay for the JBT Teachers is Rs. 1200-
2100/-. They are discharging the duties temporarily as Head
Teachers in the initial pay of Rs. 1410/-. They claimed
advance increment for discharging the duty as Head Teachers.
The High Court has construed that they are entitled to the
advance increment as Head Teachers. Rule 4(4) of the Punjab
Civil Volume I, part I which reads as under :
"4.4 The initial substantive pay of
a Government employee who is
appointed substantively to a post
on a time-scale of pay is regulated
as follows:
(i) When appointment is the new
post involves the assumption of
duties or responsibilities of
greater importance (as interpreted
for the purpose of rule 4.13) than
these attaching to such permanent
post, he will draw as initial pay
the stage of the time-scale next
above his substantive pay in
respect of the old post;"
A reading thereof would clearly indicate that initial
substantive pay of a Government employee who is appointed
substantively to a post on a time-scale of pay, is
regulated, if he holds a lien on a permanent post, other
than a tenure post and when appointment to the new post
involves the assumption to duties or responsibilities of
greater importance, then he will draw as initial pay the
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stage of the time scale next above his substantive pay in
respect of the old post. Thus, it could be seen that when
JBT Teachers was appointed temporarily as a Head Teacher, he
is entitled to draw, since he is holding responsibilities of
greater importance as a Head Teacher, one advance increment
n his old post in the time scale next above the substantive
pay on the date of his temporarily promotion as a Head
Teacher.
The appeal is accordingly allowed. The order of the
High Court stands modified. They are entitled to one advance
increment in the scale of JBT Teacher at the time of
promotion while discharging the duties as Head Teachers. No
costs.