of Punjab & Ors Vs. Lal Singh & Ors
 INSC 1438 (18 November 1996)
O R D
have learned counsel on both sides.
appeal by special leave arises from the order of the Punjab & Haryana High
Court, made on November
2,1995 in CWP No.
16409/92. The controversy raised in for the advance increment. In which scale
of pay 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 of Rs. 1410/-. They claimed advance
increment for discharging the duty as Head Teachers.
High Court has construed that they are entitled to the advance increment as
Head Teachers. Rule 4(4) of the Punjab Civil Volume I, part I which reads as under
The initial substantive pay of a Government employee who is appointed
substantively to a post on a time-scale of pay is regulated as follows:
When appointment is 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 to such permanent post, he will draw as initial pay
the stage 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, other
than a tenure post and when appointment to the new post involves the assumption
to 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 advance
increment n his old post in the time scale next above the substantive pay on
the date of his temporarily promotion as a Head Teacher.
appeal is accordingly allowed. The order of the High Court stands modified.
They are entitled to one advance increment in the scale of JBT Teacher at the
time of promotion while discharging the duties as Head Teachers. No costs.