Section 04 in Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996
04. The concerned authorities may take action in the matter and settle the cases, accordingly.
Civil Service Regulations, 1956 (Vol. I)Amendment in Article 77-BSRO 539, Dated 10th December, 1999, Finance DepartmentIn exercise of the powers conferred by proviso to section 124 of the Constitution of Jammu and Kashmir, the Governor is pleased to direct that the following amendments shall be made in Jammu and Kashmir Civil Services Regulations Volume I and Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996.In the said Regulations:A. In J&K Civil Service Regulations Volume I, the following shall be inserted as Government Instruction No. 8 below Art. 77-B:Cases may arise where a Government servant has been promoted to a Higher Post before 01-01-1995 (as the J&K Civil Service Higher Standard Pay Scale Scheme Rules 1996 have come into effect from 01-01-1995) and draws a lower rate of pay than the another junior to him. This may be because pay of Junior Counterpart has been/is fixed after availing the benefits of the insitu promotion in the lower post in accordance with the provisions of the J&K (HSPSS) Rules, 1996 before his functional promotion in the higher post.In order to remove this anomaly the pay of the senior counterpart in the higher post shall be stepped up to the figure' equal to the pay as fixed for the junior counterpart in that higher post.The stepping up should be done with effect from the date of the functional promotion of the junior subject to the condition that:I. Both the senior and the junior belong to the same cadre and the posts in which they have been promoted should be identical and in the same cadre and the same scale of payII. The anomaly should be directly as a result of application of J&K Civil Service (Higher Standard Pay Scale Scheme) Rules, 1996, for example if even in the lower functional post the junior official had been drawing from time to time a higher rate of pay as compared to that of the senior by virtue of fixation of pay under normal rules, any advance increment granted to him, the provisions of these instruction shall not be invoked to step up the pay of the senior counterparts.III. The next increment of the senior official whose pay has been so stepped up will be drawn after completion of the requisite qualifying service of twelve months from the date of such stepping up.IV. The senior shall not be entitled to any step up if the pay of the junior promotion scheme on the basis of the length of service which the junior had rendered in the another cadre/service prior to his encadrement in the present post, if any, and the service so rendered has been allowed to be computed for the purpose under orders.V. Pending cases if any, shall be decided accordingly.B. In Jammu and Kashmir Civil Service (Higher Standard Pay Scale Scheme) Rules, 1996, the following shall be inserted as Government Instruction below rule 5-A :Government Instruction.See Government instruction No. 8 below Article 77-B of J&K Civil Service Regulations Volume I, also.Entitlement of Insitu Promotion in favour of Shri Rashpal Singh, Naib TehsildarO.M. No. A/31(97)-443, dated 30-08-2000, Finance DepartmentSubject: - Entitlement of Insitu Promotion in favour of Shri Rashpal Singh, Naib Tehsildar.Undersigned is directed to refer to Financial Commissioner's letter No. FC(A)430/NT dated 06-07-2000 read with the letter No. even dated 18-04-2000 regarding the subject noted above (copy enclosed) and to invite his attention to the provisions of Rule 4(1) of the J&K Civil Service (Higher Standard Pay Scale Scheme) Rules, 1996, wherein service career has been defined to mean the service rendered in a particular service to which the employees belongs at the time of grant of promotion insitu.In view of the above stipulated position of the rules the service rendered in the Revenue Department shall only count without any reference to the services rendered by the official in the Law Department prior to his appointment in the Revenue Department.Introduction of Scheme and other allied benefits to employees of State Financial CorporationSRO 133 of 2001, Finance Department, dated 30.3.2001In exercise of the powers conferred under section 48 of State Financial Corporation Act, 1951 (Central Act LXIII of 1951) and as agreed to by the Industrial Development Bank of India and recommended by the Board of Directors of Jammu and Kashmir State Financial Corporation, the State Government accord its sanction to the introduction of Higher Standard Pay Scheme and other allied benefits, to the employees of Jammu and Kashmir State Financial Corporation on the same terms and conditions as contained in SRO 14 dated 15.1.1996, sanctioning Higher Standard Pay Scale Scheme to the employees of the State Government.Civil Services Revised (Pay) Rules 1987 Deletion of Appendix 2-A w.r.e.f 15-1-1996SRO 231 of 2003, dated 15-07-2003, Finance DepartmentIn exercise of the powers conferred by the proviso to section 124 of the Constitution of Jammu & Kashmir, the Governor is pleased to direct that the Jammu & Kashmir Civil Services (Revised Pay) Rules 1987, the Appendix 2-A shall and shall always be deemed to have been deleted with effect from the date of issue of Jammu & Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996 i.e. 15-1-1996.Entitlement of In situ Promotions in favour of Junior Engineers Grade-IGovt. Order No. 169-F of 2003, dated 14-08-2003, Finance DepartmentSubject:- Entitlement of Insitu Promotions in favour of Junior Engineers Grade-I. Reference:- Court Order. Whereas vide Government Order No. PW-226-GR of 1986 dated 16-07-1986 issued by the Public Works Department, 404 posts of Selection Scale Sectional officers in the then pay scale of Rs. 1000-1560 were created in Engineering Wings.Whereas vide Government Order No. 455-PW of 1987 dated 29-06-1987 the existing posts of Selection Grade S.Os (1000-1560) created vide earlier Govt. Order No. 226-GR of 1986 dated 16-07-1986 were converted into the posts of S.O. Gr.1 (1000-1560) and the number increased to one-third of total posts available in each cadre while remaining posts of S.Os were re-designated as S.O. Grade II in the pay scale of 680-1240.Whereas vide notification SRO 370 dated 17-7-1987 J&K Civil Services Revised Pay Rules, 1987 were ordered and the pre-revised functional pay scales of Rs. 680-1240 and Selection Grade 1000-1560 Junior Engineers as well were clubbed together and revised to Rs. 1300-2550 as a sequel to the deletion of Schedule XX of J&K CSR Volume II in terms of Rule 16 of the said rules. The pay scale of Rs. 1300-2550 was further revised to 1760-3200 vide SRO 75 dated 30-3-1992 J&K CS (Revised Pay) Rules, 1992 effective notionally from 1-04-1987 and monetarily w. e. f. 1-04-1990.Whereas with a view to remove the stagnation in Engineering Services reorganization of the Engineering Deptt. was ordered vide Govt. Order No. 972-PW of 1987 dated 29-10-1987. The said re-organization order, interalia, brought number of changes in so far as Diploma Engineers are concerned which reads as under: "All (Selection Scale) Sectional Officers (1900-3200-revised) shall be re-designated as Junior Engineer Grade-I and all other Sectional Officers (1300-2550-revised) shall be re-designated as Junior Engineers Grade-II.""It is further ordered that the ratio between the Junior Engineers Grade-I and Junior Engineers Grade-II shall be 1:2"."The existing Junior Engineers in the scale of 1650-2000 revised shall however retain their own pay scale till they are promoted as Assistant Engineers. The posts thus vacated by them on their promotion shall be automatically converted into the scale of Junior Engineer Grade-II".Whereas J&K Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996 were promulgated vide SRO 14 dated 15-01-1996 effective from 1-1-1995 and under rule 5 read with sub-rule 5-A of the said rules inter-alia provide that grant of insitu promotions is restricted to three promotions including functional promotions. And rule 9 of the said rules under the caption exercise of option lays down that: (a)If the employee who has got benefit of senior/selection grade scale desires, he may exercise option to continue senior/selection grade scale or to accept this scheme. If he exercises option to join this scheme, his pay fixation shall be done, as if he had not availed of the senior grade/ selection grade scale. As a result, the amount of pay and allowances, due if any, shall be adjusted against the benefit admissible under these Rules.(b)The option must be exercised in writing in the Form as prescribed under Schedule 3 annexed to these rules and shall have to be furnished to the proper authority i.e., Head of the Department/Office under whom he/she is working, within three months from the date of issue of this Notification.Whereas it was reported to the Government under the said scheme promulgated vide SRO 14 dated 15-01-1996 some of the Junior Engineers were given the (then) pay scale of Rs. 2500-4000 by the respective Chief Engineers in violation of the aforesaid provisions;Whereas taking a note of these promotions the Administrative Department issued circular instructions vide No. PW/Actts/Insitu/97-98/518 dated 10-03-1998 in which inter alia the following facts were highlighted:
