Section 12 in Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996
12. Authority competent to grant Higher Standard Pay Scale Procedure therefor
(a) The Appointing Authority for the post of Higher Standard Pay Scale shall be competent to grant Higher Standard Pay Scale to eligible employees);(b)At the time of granting Higher Standard Pay Scale the existing screening mechanism for promotion shall be applied;(c)No Higher Standard Pay Scale shall be granted to the employee who is under suspension on the date of eligibility or who is charge-sheeted under provisions of J&K Classification, Control & Appeal Rules, or any other Rules for the purpose. However, when the employee is exonerated in Departmental enquiry against him/her and reinstated on duty, the Higher Standard Pay Scale shall be granted on the basis of eligibility on completion of 9/18/27 years incremental period of service as the case may be;(d)An employee otherwise eligible for grant of 'promotion In-Situ' under these Rules shall be deemed to have been exempted from passing the prescribed departmental/any other examination for purposes of grant of 'promotion In-Situ' only. However if the employee wants to get the actual functional promotion on higher post, he/she shall have to pass the prescribed departmental examination;(e)Such period of leave without pay/other allowances as has not been agreed by the Competent Authority to be counted for purposes of annual increments shall not be taken into account for reckoning of the period of 9/18/27 years for Higher Standard Pay Scale as the case may be;(f)The service of surplus employee(s) due to discontinuance abolition of post(s) in the former Department/office shall not be taken into account;(g)The service of isolated cadre(s) encadred in other cadre(s) without the request of the employee and the earlier service in isolated cadre(s) which may be encadred hereafter or in any cadre where pay scale is equal but nomenclature is changed may be taken into account for sanctioning the Higher Standard Pay Scale.
