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PETITIONER: STATE OF PUNJAB & ORS.

       Vs.

RESPONDENT: LAL SINGH & ORS.

DATE OF JUDGMENT:       18/11/1996

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Delay condoned.      Leave granted.      We have learned counsel on both sides.      This 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. The 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 :      "4.4 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:      (i) 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

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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.      The 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.