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STATE OF PUNJAB AND ORS.
V.
LAL SINGH AND ORS.
NOVEMBER 18, 1996
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.]
Service La111:
Punjab Civil Services Rules, (1953):
(Vol.I, Part!), Rule 4(4)-Advance increment-JET Teachers-
Temporarily appointed as Head Teachers-Claim for one advance increment
in the pay scale of Head Teacher-Held, when JBT teacher is appointed
temporarily as a Head teacher, a post involving responsibilities of greater
in1portance, he is entitled to dra1v one advance increment in his old post in
D the time scale next above the substantive pay in the scale of JBT Teacher
on the date of his temporary promotion as a Head Teacher.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 15057 of
1996.
E
From the Judgment and Order dated 2.11.95 of the Punjab and
Haryana High Court in C.W.P. No. 16409of1992.
Manoj Swarup for the Appellants.
M.N. Krishnamani, R.C. Kaushik, Satpal Singh and D.K. Garg for
F the Respondents.
G
IH
The following Order of the Court was delivered :
Delay condoned.
Leave granted.
We have heard learned counsel on both sides.
This appeal by special leave arises from the order of the Punjab and
Haryana High Court, made on November 2, 1995 in CWP No. 16409/92.
718
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STATE OF PB. v. LAL SINGH
719
The controversy raised is for the advance increment. In which scale of pay A
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 <1f Rs.d4!0. They
claimed advance increment for discharging the duty as.Head Teachers. B
The High Cout1 has construed that they are entitled to the advance increment
as Head teachers, Rule 4(4) of the Punjab Civil Service 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 C
pay is regulated as follows:
(i) when appointment to 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
the such permanent post, he will draw as initial pay the stage D
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, E
other than a tenure post and when appointment to the new post involves
the assumption of duties or responsibilities of greater importance, then he
will draw as initial pay the 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 F
advance increment in 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 G
of JBT Teacher at the time of promotion while discharging the duties as
Head Teachers. No costs.
R.P.
Appeal allowed.
Lex