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Judgment
Petitioner places reliance on article 77B of the Jammu and Kashmir Civil Service Rules and Regulations. He submits that he is entitled to higher
emoluments than what he is being paid.
Facts be noticed. The petitioner an Associate ProfessorcumSenior Scientist was directed to work as Chief Scientist, Krishi Vigyan Kendra,
Regional Agriculture Research Station, R.S. Pura, Jammu. This was on adhoc basis. The order annexure 'B' passed in this regard is reproduced
below :
Dr. R.D. Gupta, Associate ProfessorcumSenior Scientist, will function as Chief Scientist, Krishi Vigyan Kendra, Regional Agriculture Research
Station, R.S. Pura, Jammu in prescribed grade, on adhoc basis for a period of six months or till further orders whichever be earlier.
Further fact is only that another order was passed on 8th of August 1997. The petitioner was to draw his salary in the grade of Rs. 45007300.
This order is also being noticed below :
Dr. R.D. Gupta will draw salary against the post of Assoc. Director Res./Estn. RARC Rajouri for a period of six months w.e.f. 01.08.1997 or till
further orders whichever earlier giving one day's break on 31.07.1997 in prescribed scale of 45007300 in terms of Comptroller's No.
AU/Accts/Codes/ 92/7/140857 dated 21.06.1993.
Dr. Gupta will continue to head RARC, R.S.Pura and KVK, Jammu at R.S. Pura.
Later on yet another order issued on 19.02.1998. This order is also being noticed below:
Sanction is hereby accorded to the release of one annual increment w.e.f.. 01.01.1998 in favour of Dr. R.D. Gupta, I/C Chief Scientist, RARC,
RS Pura, Jammu in the scale of Rs. 37005700 @ Rs. 150/ per month thus raising his basic pay from Rs. 5.250/ to Rs. 5400/ w.e.f. 01.01.1998.
The grievance of the petitioner is that in terms of Article 77B when he was called upon to officiate on a higher post then he was to be given one
notional increment and after that his pay was to be formed at the stage next above in the time scale of higher post regulation 77B has relevance.
This is being quoted below:
ii) Pay on promotion Where a Government servant holding post in substantive, temporary or officiating capacity to another post carrying duties
and responsibilities of greater importance than those attaching to the post held by him, his initial pay/presumptive pay in the higher post shall be
fixed as under:
a. He shall be given one notional increment of the lower post.
b. After adding such notional increment to his pay, his pay shall be fixed at the stage next above in the time scale of the higher post. (Art 77.B
CSR).
Reply has been filed.
The stand taken by the respondents is that annual increment in the substantive pay 37005700 has been allowed and this is all what required to
be done.
After hearing learned counsel for the parties I am of the opinion that when Article 77B is plainly read than the pay is to be fixed in the following
manner:
i. One notional increment has to be given in lower post,
ii. After addition of such notional increment the pay of the official is to be fixed at the stage next above in the time scale of the higher post.
This has not been done in this case. The respondents are directed to revise salary and in doing so they would also take notice of the illustrations
of Articles 77B. Let this be done within the period of two months from the date copy of the order is made available by the petitioner to the
respondents. The petitioner would be at liberty to make representation giving details in support of his claim.