AWADESH KUMAR MISHRA versus STATE OF SIKKIM

Citation: [2014] 11 S.C.R. 305 · Decided: 09-12-2014 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Dismissed
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Judgment (excerpt)

• 
[2014] 11 S.C.R. 305 
AWADESH KUMAR MISHRA 
v. 
STATE OF SIKKIM 
(Civil Appeal No. 6778 of 2010) 
DECEMBER 09, 2014 
[JAGDISH SINGH KHEHAR AND ARUN MISHRA, JJ.] 
SeNice Law: 
A 
B 
c· 
Sikkim Government Services -(Advancement Grade) 
Rules, 1999 - r. 6(5) - Advancement grade - Grant of -
Appellant-graduate teacher on completion of ten years of 
continuous seNice given advancement grade/scale of the 
post of post-graduate teacher -
Appellant claiming D 
advancement grade, in terms of the pay scale of the post of 
principal, Senior Secondary School - Held: Even though the 
appellant fulfills the educational qualification prescribed for 
the post of principal, he is not eligible to be promoted as 
E' 
Principal as per the relevant recruitment rules to the post of 
Principal, Senior Secondary School - Appellant does not 
belong to the feeder cadre, out of which appointments can be 
made by promotion to the post of Principal~ Appellant does 
not possess the postulated experience, prescribed for such 
F 
promotion - Thus, the appellant does not qualify for being 
allowed advancement grade, ulr 6(5) of the 1999 Rules in the 
grade of the post of Principal,; Senior Secondary School__ 
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Bharat Sanchar Nigam Limited vs. R. Santhak~mari. G 
Velusamy, 2011 (14) SCR 502: (2011) 9 SCC 510; Hukum 
Chand Gupta vs. Director General, Indian Council of 
305 
H 
306 
SUPREME COURT REPORTS 
[2014] 11 S.C.R. 
A Agricultural Research 2012 (8) SCR831: (2012) 12 SCC 
666 - referred to. 
B 
c 
Case Law Reference: 
2011 (14) SCR 502 
2012 (8) SCR 831 
referred to 
referred to 
Para 5 
Para 5 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
6778 of 2010. 
From the Judgment & Order dated 05.06.2008 of the High 
Court of Sikkim in Writ Petition (C) No. 41 of 2006. 
Sudhir Kilshreshtha for the Appellant. 
D 
A. Mariarputham, Yusuf Khan (for Aruna Mathur) for the 
Respondent. 
The Judgment of the Court was delivered by 
E 
J.S.KHEHAR, J. 1. The appellant was inducted into the 
employment of the parent Human Resource Development 
Department, of the Government of Sikkim, as a Graduate 
Teacher. On the completion of ten years of continuous service 
as a Graduate Teacher, he was allowed to draw salary in the 
F 
advancement grade/scale of Rs.7000-225-11500, with effect 
from 22.01.1997. It is not a matter of dispute, that the afore-
stated scale of Rs. 7000-225-11500, is that of the post of Post 
Graduate Teacher. 
ii 
G 
2. The right to be placed in an advancement grade, is 
provided for to Government employees, under the Sikkim 
Government Services (Advancement Grade) Rules, 1999 
(hereinafter referred to as the '1999 Rules'). The procedure for 
grant of advancement grade is delineated in Rule 6 of the 1999 
H Rules, which is being extracted hereunder: 
• 
• 
AWADESH KUMAR MISHRA v. STATE OF SIKKIM 
307 
[JAGDISH SINGH KHEHAR, J.) 
"6. Procedure for grant of advancement grade:-
(1) The Government servants up to the level of Deputy 
Secretary and equivalent shall be granted pay scales 
A 
of the advancement grade on completion of 10(ten) 
years of continuous service in a post/grade if they do 
B 
not get any promotion during that period subject to 
(a) clearance by the Departmental Promotion 
Committee; 
c 
(b)Non-appearance of any adverse entry in their 
confidential reports for preceding three years prior 
to consideration for advance grade. 
Provided that grant of advancement grade under 0 
these rules shall not be deemed to be promotion 
to the higher grade nor the employee shall have 
right to claim for employee shall have right to claim 
for promotion unless vacancy in such higher gradi:i 
exists and is otherwise eligible to be considered for 
E 
promotion to such higher grade. 
(2) Grant of advancement grade would not involve any 
change in the designation of the employee concerned. 
(3) Grant of advancement grade of pay .shall be once in a 
particular post/grade. 
(4) In cases where the pre-revised scales have been 
clubbed and where a Government servant has reached the 
higher scale in pre-revised scale of pay by way of 
advancement grade prior to 1.1.1996 shall be given higher 
scale in the revised pay of scale on pay fixation i.e. 
corresponding advancement scale in the revised pay of 
scale. 
F 
G 
H 
308 
SUPREME COURT REPORTS 
[2014] 11 S.C.R. 
• 
A 
(5) The corresponding pay scale of advancement grade 
shall not be less than the pay scale prescribed for the post 
to which Government is eligible to be promoted as per the 
r
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