Section 5 in Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996
5. Grant of Higher Standard Pay Scale
(i) (a) An employee covered under these Rules who has not got any promotion or promotional scale/selection scale in his service career and has completed 18 years or more but less than 27 years of regular satisfactory service before 1-1-1995 will be allowed, w.e.f. 1-1-1995, in place of his existing scale the Second Higher Standard Pay Scale specified in Column 4 of Schedule 1 of these Rules;(b)An employee covered under these Rules who completes such regular satisfactory service of 18 years after 1-1-1995 and has not got any promotion or promotional scale/selection scale in his service career will be allowed the Second Higher Standard Pay Scale from the 1st of the month following the month in which he completes such service;(ii)(a)An employee covered under these Rules who has not got any promotion or promotional scale/selection scale in his/her service career and has completed 27 years or more of regular satisfactory service before 1-1-1995 will be allowed, with effect from 1-1-1995, in place of his/her existing scale, the Third Higher Standard Pay Scale specified in Column 5 of Schedule 1 of these Rules;(b)An employee covered under these Rules who completes such regular satisfactory service of 27 years after 1-1-1995 and has not got any promotion or promotional scale/selection scale in his service career will be allowed the Third Higher Standard Pay Scale from the 1st of the month following the month in which he completes such service;(iii)(a)Every employee covered under these Rules who has not got any promotion or promotional scale/selection grade in his service career and has completed nine years or more but less than 18 years of regular satisfactory service before 1-1-1995 will be allowed, w.e.f. 1-1-1995, in place of his existing pay scale the First Higher Standard Pay Scale specified in Column 3 of Schedule 1 of these Rules;(b)An employee covered under these Rules who completes such regular satisfactory service of 9 years after 1-1-1995 and has not got any promotion or promotional scale/selection scale in his service career will be allowed the 1st Higher Standard Pay Scale from 1st of the month following the month in which he completes such service;(iv)(a)An employee covered under these Rules who after grant of one or more promotions after first entry into the service has stagnated for 9 years or more in the same post before 1-1-1995 will be allowed, w.e.f. 1-1-1995, in place of his/her existing pay scale the 1st Higher Standard Pay Scale as specified in Column 3 of Schedule 1 of these Rules;(b)An employee covered under these Rules who after grant of one or more promotions after first entry into the service completes 9 years of such stagnation in the same post after 1-1-1995, will be allowed w.e.f. 1st of the month following the month in which he/ she completes 9 years of such regular satisfactory service, the 1st Higher Standard Pay Scale as specified in Col. 3 of Schedule 1 of these Rules.[5A. Notwithstanding anything contained in rule 5 an employee covered under these rules, who, after acquiring one promotion has stagnated and rendered in the existing post, 18 years or more of regular satisfactory service prior to 1-1-1905 shall be allowed w.e.f. 1-1-1995 two. In situ promotions and placed in the 2nd Higher Standard Pay Scale corresponding to his/her existing pay scale as specified in Schedule I of these rules.Likewise, an employee covered under these rules, who, after acquiring two promotions has stagnated and rendered 9 years or more regular satisfactory service prior to 1-1-1995 shall be allowed one. In situ promotion and place in 1st Higher Standard Pay Scale corresponding to his existing pay scale as specific in Schedule I of these rules:Provided that any such employee, who may complete such regular service as indicated in these rules after 1-1-1995 shall be allowed the 1st or 2nd Higher Standard Pay Scale corresponding to the existing pay scale of the post as specified in Schedule I of these rules from the 1st of the month following the month in which he completes such satisfactory service.Note: Cases may arise where a Government Servant may be carrying lower scale of pay on or after 1-1-1995 than another, junior to him. This situation may arise where the junior official may have taker, the benefit of Higher Standard Pay Scale(s) in accordance with the provisions of the above rules.In order to remove this anomaly the senior official shall be allowed the pay scale equivalent to the pay scale of his junior counterpart, on the date the latter was allowed as such, provided both the junior and senior officers belong to the same cadre and the posts held by them are identical and in the same cadre. The provisions shall be deemed to have existed in the rules ibid, ab initio.] [Inserted vide SRO 225, dated 4.7.1997.][Provided that the in situ promotions accorded by the Competent Authorities in terms of Sub-Rule (iv) of Rule 5 in between the period 15-01-1996 to 04-07-1997 shall not be reopened.] [Inserted by SRO 359 of 2003, dated 15-10-2003.][5-AA. In case of Work Charged employee(s)/Daily Rated worker(s) (excluding Casual/sessional workers) who is/are brought on regular establishment, 50% contiguous work changed/daily wage service shall be counted with regular service for purpose of grant of. In situ Promotion under these rules; provided that the cases already settled under the provisions of existing rules shall not be reopened.] [Inserted vide SRO 311, Dated 09-09-1977.]
