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2001 DIGILAW 91 (JK)

R. D. Gupta (Dr. ) v. Sher-e-Kashmir University Of Agriculture Sciences And Technology

2001-04-19

T.S.DOABIA

body2001
JUDGMENT 1. Petitioner places reliance on article 77-B 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. 2. Facts be noticed. The petitioner an Associate Professor-cum-Senior 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 B1 passed in this regard is reproduced below: - "Dr. R.D. Gupta, Associate Professor-cum-Senior 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." 3. 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. 4500-7300. 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 of till further orders whichever earlier giving one-days break on 31.07.1997 in prescribed scale of 4500-7300 in terms of Comptrollers No. AU/Accts/Codes/ 92/7/1408-57 dated 21.06.1993. Dr. Gupta will continue to head RARC, R.S. Pura and KVK, Jammu at R.S. Pura." 4. 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. 3700-5700 @ Rs. 150/- per month thus raising his basic pay from Rs. 5.250/- to Rs. 5400/-w.e.f. 01.01.1998." 5. The grievance of the petitioner is that in terms of Article 77-B 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 77-B has relevance. 5400/-w.e.f. 01.01.1998." 5. The grievance of the petitioner is that in terms of Article 77-B 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 77-B 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)." 6. Reply has been filed. 7. The stand taken by the respondents is that annual increment in the substantive pay 3700-5700 has been allowed and this is all what required to be done. 8. After hearing learned counsel for the parties I am of the opinion that when Article 77-B 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. 9. 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 77-B. 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.