JUDGMENT : Sureshwar Thakur, J. (Oral): The petitioner was serving as Professor in the faculty of Pomolgy, now known as ?the Department of Fruit Sciences?. The petitioner, in pursuance to the advertisement issued by the University comprised in Annexure P-4 calling upon desirous candidates/aspirants to within the period prescribed in it apply for the post of Director of Extension Education, applied for the same. His having fulfilled all the necessary qualifications he came to be selected and consequently appointed as Director of Extension Education for a tenure of five years as evident from Annexure P-6. The petitioner made a representation to the University/respondent for an increment being provided to him. The respondent considered the representations of the petitioner and under Annexures P-10, P-13 and P-15 rejected it on the score that even if assuming that the appointment of the petitioner to the post of Director of Extension Education admittedly involved assumption of duties and responsibilities of greater importance yet uncontrovertedly and admittedly further when the pay scale as drawn by the petitioner while serving as Professor/HOD in the University/respondent and the pay scale to which he was entitled to on his being appointed as Director of Extension Education on tenure basis was at par, as such given the parity of pay scales drawn by him when serving as Professor/HOD in the University/respondent and while being subsequently under Annexure P-6 having come to be appointed as Director of Extension Education the bar envisaged in FRSR sub rule (III) of Rule 22 against the applicability of the provisions of FR 22 (1) (a) inasmuch, as, where even if the aggrieved prior to his being appointed to a post involving higher duties and responsibilities has been drawing a pay scale at par or equivalent to the one afforded to him on assumption of duties and responsibilities of greater importance, stood attracted, hence the representation of the petitioner herein came to be rejected. The provisions of F.R 22 (1) (a) and F.R. 22 (III), are extracted here-in-after:- ?22 (a) (1) Where a Government servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than these attaching to the post held by him, his initial pay in the time-scale of the higher post shall be fixed at the stage next above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued or (rupees one hundred only), whichever is more.? ?22 (III). For the purpose of this rule, the appointment shall not be deemed to involve the assumption of duties and responsibilities of greater importance, if the post to which it is made is on the same scale of pay as the post, other than a tenure post, which the Government servant holds on a regular basis at the time of his promotion or appointment or on a scale of apy identical therewith.? 2. From a reading of the reply of the respondent-University it is manifestly admitted that the post of Director of Extension Education involves higher duties and responsibilities than the one which were performed by the petitioner while serving as Professor/HOD. It is also uncontroverted that the appointment of the petitioner to the post of Director of Extension Education is on a tenure basis. Consequently, the fact of the petitioner having been appointed to the post of Director of Extension Education for a specific duration of time or on a tenure basis assumes significance in construing the impact of or applying the embargo created by the provisions of Sub Rule III of Rule 22 of FRSR against the applicability of sub rule 1 (a) of Rule 22 of FRSR. The fulcrum for applying the embargo to the applicability of sub rule 1 (a) of Rule 22 of FRSR as envisaged in Sub Rule III of Rule 22 of FRSR is encapsulated in the phrase ?other than on a tenure basis? The fulcrum for applying the embargo to the applicability of sub rule 1 (a) of Rule 22 of FRSR as envisaged in Sub Rule III of Rule 22 of FRSR is encapsulated in the phrase ?other than on a tenure basis? occurring after the contemplation therein of inapplicability of the provisions of FR22 (1) (a) where the post to which a person is appointed involves assumption of duties and responsibilities of greater importance. The import of the phrase or of the words ?other than a tenure basis? occurring subsequent to the phrase, for the purpose of this rule, the appointment shall not be deemed to involve the assumption of duties and responsibilities of greater importance, if the post to which it is made is on the same scale of pay as the post is that it consequently, creates an exception to the applicability of the embargo envisaged in sub rule (III) of FR 22 to the inapplicability of FR 22 (1) (a). In other words, where a person is appointed to a post carrying or involving assumption of duties and responsibilities of greater importance yet when the pay scale attached to the said post is equivalent to the pay scale drawn by the incumbent while previously serving in a capacity not involving assumption of duties and responsibilities of greater importance the embargo contemplated and created by sub rule (III) of FR 22 against the applicability of FR 22 1 (a) would apply only in the event of the incumbent having not come to be appointed on a tenure basis to a post involving assumption of duties and responsibilities of greater importance. Moreover, for reiteration the rigor of the embargo engrafted in sub rule (III) of FR 22 is relieved in the event of the incumbent donning the post or assuming the post involving assumption of duties and responsibilities of greater importance on a tenure basis. Moreover, for reiteration the rigor of the embargo engrafted in sub rule (III) of FR 22 is relieved in the event of the incumbent donning the post or assuming the post involving assumption of duties and responsibilities of greater importance on a tenure basis. Since the petitioner came to be appointed on a tenure basis to the post of Director of Extension Education besides even when both the post of Professor previously occupied by the petitioner and the post of Director of Extension Education to which he was subsequently appointed carry parity of pay scales besides even when the latter appointment/post involves assumption of duties and responsibilities of greater importance yet in the face of subsequent appointment/posting donned/assumed by the petitioner being on a tenure basis the rejection of the representation of the petitioner for reasons comprised in Annexures P-10, P-13 and P-15 is not in consonance with a correct interpretation of the provisions of sub rule (III) of Rule 22 of the FRSR to the facts of the present case. Consequently, it is ordered that respondent-university shall while applying the provisions of sub rule (1) (a) of FR 22 afford to him in accordance with it the increment as sought. No costs.