Time-bound promotion qualifying service must be reckoned from date of notional promotion, not actual physical joining.

The applicant was appointed as a Teacher on December 7, 1998, and later promoted to the post of Master on substantive basis via an order dated April 23, 2013, which granted notional benefits from the date of the order and monetary benefits from the date of joining (August 3, 2013).

The applicant claimed entitlement to his 2nd Time Bound Promotion (TBP) "In Situ" upon completing nine years of service from the date of his promotion order (i.e., May 1, 2022). However, the respondents reckoned the qualifying service from his actual date of joining (August 3, 2013), granting the TBP from September 1, 2022, instead.

This delay also resulted in the denial of an annual increment due on January 1, 2023.

The applicant superannuated on April 30, 2023.

1. Whether the qualifying service for the 2nd TBP "In Situ" should be reckoned from the date of the promotion order (notional benefit) or the actual date of joining the post.

2. Whether the applicant is entitled to an annual increment effective January 1, 2023, based on the revised date of his TBP.

Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996 (SRO 14 of 1996), specifically Rule 5(iv)(b), which mandates TBP after nine years of regular satisfactory service.

Rule 14 regarding interpretations by the Finance Department and a clarification by the Director Finance, School Education Department (dated April 15, 2024), which stated that "In-Situ" promotion must be reckoned from the date of notional benefits granted upon confirmation/regularization.

Jammu and Kashmir Civil Services (Revised Pay) Rules, 2018 (SRO 193) regarding the accrual of annual increments.

The Tribunal found that the applicant’s substantive promotion as Master occurred on April 23, 2013, carrying notional seniority from that date.

Relying on the Finance Department's clarification, the Tribunal reasoned that "qualifying service" for TBP is linked to the date of regularization/notional benefit rather than physical joining.

The court observed that similarly situated employees, such as Smt. Suman Gupta, were granted TBP by reckoning service from their promotion orders.

Therefore, the applicant completed the requisite nine years on April 22, 2022, making him eligible for TBP from May 1, 2022.

Consequently, since this date falls between January 2 and July 1, 2022, the applicant met the criteria under the 2018 Pay Rules to earn a statutory increment on January 1, 2023.

It held that the applicant is entitled to the 2nd TBP "In Situ" effective May 1, 2022, and one annual increment effective January 1, 2023.

Respondents No. 1 to 3 were directed to revise the applicant's service benefits and pensionary records within six weeks, with Respondent No. 4 mandated to finalize the authorization within a further six weeks. No costs were awarded.