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State of Jammu-Kashmir - Section

Section 4 in Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996

4. Definitions

—In these Rules unless the context otherwise requires,—(a)"Scheme" means the Higher Standard Pay Scale Scheme.(b)"Existing Pay Scale" means the pay scale of the entry post applicable from 1-4-1987 as per Jammu and Kashmir Civil Services (Revised Pay) Rules, 1992, as indicated in Column 2 of the Schedule 1, held by the Government employee at the time of his/ her 'Promotion IN-SITU' under this scheme.Explanation.—In case of a Government servant who, on the relevant date, was on deputation or on leave or on foreign service or under suspension or under training "existing pay scale" in his/her case means the pay scale applicable to the post which he/she would have held but for his/her being on such deputation or leave or foreign service or under training or under suspension as the case may be.(c)"Promotion In-Situ" means elevation from the existing pay scale to the prescribed Higher Standard Pay Scale without change of designation, responsibility or inter-se-seniority.(d)"Higher Standard Pay Scale" means the pay scale indicated in Cols. 3, 4 & 5 of Schedule 1 appended to these Rules.(e)"Schedule" means a Schedule appended to these Rules.(f)"I, II & III Higher Standard Pay Scale" means the prescribed Higher Standard Pay Scale indicated in Cols. 3, 4 & 5 of Schedule I respectively;(g)"Promotion" means a functional promotion to the next Higher Post as per the respective Recruitment Rules;(h)"Competent Authority" means the appointing authority for the post of Higher Standard Pay Scale under these Rules;(i)"Service Career" means the service rendered in a particular service to which the employee belongs at the time of grant of 'promotion In-Situ' under these Rules:[Provided that the entitlement of in situ promotion(s) in respect of such of the Government Servants who have been appointed on direct recruitment basis from any other post of the same service/departments or from a different service/department to the present post and his pay has been protected on the present post of the service due to applications of the provisions of Article 77-D read with Article 77-a (ii) of J&K CSRs, his/her entitlement to in situ promotions in the present post of the service shall be restricted along with the functional/in situ promotions already granted/availed in the earlier service.The entitlement to in situ promotions on the present post of the service together with the functional/in situ promotions granted/availed in the earlier service shall in no case exceed three.Similar procedure shall be applicable mutatis mutandis where a Government Servant is encadred on any post from any other service in pursuance of any rule/law/notification or in case a Government Servant is absorbed on any post of another service while on deputation to State or due to any other pretext whatsoever.Settled cases shall, however, not be re-opened.] [Inserted by SRO 204 dated 21.6.2006.](j)"Structure" means the structure of Higher Standard Pay Scales as indicated in Schedule I of these Rules;(k)"Regular Satisfactory Service" means actual continuous service under State Government in the present cadre to be reckoned within the same cadre and assessed fit for the purpose of promotion;
(1)"Employee" means a non-Gazetted Regular Government Servant who is a whole time employee working either in permanent or quasi-permanent or temporary capacity in graded scale.
(m)any other term used in these Rules, but not defined herein, shall carry the same meaning as assigned to it in J&K Civil Service Regulations.