Judgment :- 1. Petitioner was a Lecturer in the N.S.S. Engineering College. He was promoted provisionally as Assistant Professor in the scale of Rs.850-1440. He continued in that post from 1-10-1977 to 31-7-1978. He suffered reversion from 1-8-1978 to 16-7-1979. He was again promoted as Assistant Professor on 17-7-1979 and he continued as such upto 11-5-1980. After reversion, he was further promoted as Assistant Professor on 6-2-1982. By the time he was promoted as Assistant Professor the second time, the scale of salary applicable to that post had been revised to Rs.1125-1725. He was given the minimum of the scale on his temporary promotion. Petitioner submits that he is entitled to increments on completion of 12 months of service excluding broken periods and periodic enhancement in his salary on completion of one year each. He filed Ext.P1 requesting for grant of first increment in the scale of Rs.850-1440 as on 17-9-1979, a second increment on 12-5-1980, and a 3rd increment on 1-6-1983. According to him, his salary ought to have been fixed at Rs.1245/- as on 11-6-1982 and at Rs.1,305/- as on 1-6-1983 with the usual dearness and other allowances. In Ext.P2, the Director of Technical Education informed the petitioner through the Principal of the College that his request would be considered only on production of necessary evidence to make out his promotion, declaration of probation, etc. Petitioner sent a further representation, Ext. P3, reiterating his claim for the first increment on 17-9-1979, second increment on 6-6-1982 and a third increment on 1-6-1984. The relief which the petitioner seeks is the issue of a writ of mandamus directing the respondents to immediately grant the petitioner the increments which fell due from 1-10-1977 till date and fix his pay accordingly and disburse to him the new pay so fixed with arrears from 1-10-1977. 2. The relevant rules which governs fixation of pay are R.28 and 28A Part I of the Kerala Service Rules. The substantive pay which the petitioner was drawing as Lecturer at the time of his first promotion on 1-10-1977 was less than the minimum in the scale of Rs.850-1440. His initial pay in the higher time scale was, therefore, fixed at the minimum in the scale of Rs.850-1440. R.31 Part I of the Kerala Service Rules deals with increment and provides that increment, shall ordinarily be drawn as a matter of course unless it is withheld. His initial pay in the higher time scale was, therefore, fixed at the minimum in the scale of Rs.850-1440. R.31 Part I of the Kerala Service Rules deals with increment and provides that increment, shall ordinarily be drawn as a matter of course unless it is withheld. R.33 lays down conditions on which service count for. increment in the time scale. Clause (a) provides that all duty in a post on a time-scale counts for increments in that time scale. It is clear that the duty rendered by the petitioner in the post of Assistant Professor shall count towards increment irrespective of the fact that he was reverted during the period from 1-8-1978 to 16-7-1979 and again from 12-5-1980 to 5-2-1982. Duty for a period of 12 months was completed in the salary scale of Rs.1125-1725 with effect from 1-7-1978. The petitioner was, therefore, entitled for one increment in the scale of Rs.1125-1725 on completion of one year of service inclusive of the nine months from 1-10-1977 to 31-7-1978. He is entitled to further increment on completion of every subsequent period of one year of duty in the scale of Rs.1125-1725. 3. In the counter affidavit it is submitted that the petitioner is not entitled to count the period of his service in the time scale of Rs.850-1440 for purpose of increment in the scale of Rs. 1125-1725, in view of the ruling in R.33 Part I of the Kerala Service Rules as follows: "Periods of service in a post on a time-scale at the same stage of pay only will count for increment in that time scale." Government Pleader submits that before the petitioner could complete the eligibility period of 12 months of duty, there was a change in the time-scale from Rs.850-1440 to Rs.1125-1725 and therefore, the petitioner was not entitled to claim increment. This seems to me to be an absolutely unjust and improper understanding of the Rules. Neither Rule31 nor R.33 Part I of the Kerala Service Rules restricts the entitlement of a Government servant for increment on completion of the required period of duty. The rule provides only that all duty in a post of a time scale count for increment in the time scale. Duty is defined in R.12(7) Part I of the Kerala Service Rules as including: "(i) Service as a probationer or apprentice, provided that such service is followed by confirmation. The rule provides only that all duty in a post of a time scale count for increment in the time scale. Duty is defined in R.12(7) Part I of the Kerala Service Rules as including: "(i) Service as a probationer or apprentice, provided that such service is followed by confirmation. (ii) Joining time. (iii) A course of instruction or training which an officer undergoes specially ordered by Government to be treated as duty". It is not seriously disputed before me that broken periods also count for increment. 4. The only question to be decided is whether the petitioner is entitled to draw increment in the applicable scale on completion of 12 months of duty. It is not disputed that the scale of salary applicable to the post of Assistant Professor by the time the petitioner completed 12 months of duty was Rs.1125-1725. The only question is whether the respondents are right in contending that the petitioner will hot get the benefit of increment because the Government had, in the meantime, revised his salary scale disabling the petitioner from drawing salary on the same time-scale of pay. It is agreed that but for the revision of salary, the petitioner would have been entitled for increment on completion of the qualifying period of duty. I am of the opinion that the revision of the pay scale for which the petitioner was not in any manner responsible cannot have the effect of depriving the petitioner of his normal right to increment on completion of the qualifying period of service. I do not understand the ruling in R.33(a) Part I of the Kerala Service Rules to have any such effect. If it does have any such effect, that may not bind the Government employee concerned. 5. What the petitioner claims is only normal increment on completion of the qualifying period of service. The ruling under R.33(a) Part I of the Kerala Service Rules could have been applied with all its vigour had there been no change in the scale of salary attached to the post of Assistant Professor. It could as well have been applied against the petitioner had he been promoted/ appointed to a different post carrying a different scale of salary. Only that eventuality is taken into account in the ruling in R.33(a) Part I of the Kerala Service Rules. It could as well have been applied against the petitioner had he been promoted/ appointed to a different post carrying a different scale of salary. Only that eventuality is taken into account in the ruling in R.33(a) Part I of the Kerala Service Rules. Its extension to a normal situation where the scale of salary is revised does not appear to me to be reasonable. 6. In view of the above, the Original Petition is allowed. The petitioner will be entitled to increment in the revised scale of salary on completion of the qualifying period of service. He will be entitled also to further increments as provided in the rules. There will be a direction that there shall be a refixation of the salary due to the petitioner as directed above. This shall be done as expeditiously as possible. There will be no order as to costs. Issue photo copy of this judgment to counsel on usual terms.