while making this
Court peruse provision contained in fundamental rules i.e. FR22(1) (a)
(i) stating therein that for the purpose of release ... filed by the respondents-State to state that though bare reading of
FR22(III) defines that appointment carrying duties and responsibilities
of higher importance
cases, where anomaly in pay has
occasioned because of operation of FR22 on promotion from
one post to another. In the instant case, Jagdev Singh ... Thakur exercised his option for pay fixation under FR22
and got promotional increment after getting the annual
increment of the lower post. He got benefit
with DNI 01.12.1994 by the said order
dated 23.02.1994, applying Rule FR22(C) has been cancelled, as
according to the respondents the said fixation ... protection
and fixation of pay by adding one advance increment on
applying FR22(C) while fixing his pay on 09.12.1993 in
the post of Supervisor
fixation of pay as per F.R.-22(C) presently Rule
1313(FR22)(1)(A)(I)R-II.
5. The petitioners thereafter preferred Original
Application ... petition, is whether the petitioners
are entitled to benefit of Rule 1313(FR22)(1)(A)(I)R-II
[erstwhile F.R.-22(C)] together with
fixation of pay as per F.R.-22(C) presently Rule
1313(FR22)(1)(A)(I)R-II.
5. The petitioners thereafter preferred Original
Application ... petition, is whether the
petitioners are entitled to benefit of Rule
1313(FR22)(1)(A)(I)R-II [erstwhile F.R.-22(C)] together
with
submit
that it is more likely the reference was being made to FR22(I)(a)(1)
which deals with the regulation of the initial ... till the date of future increments. It is submitted that it is
FR22(I)(a)(1) that is applicable, irrespective of appointment being
along with them. Learned counsel drew pointed attention
to the provisions of FR22(I) which read as follows:-
" FR 22. (I) The initial ... that after tendering resignation it cannot be treated
as promotion. However, FR22(I)(a)(1) has also given an option, as can be seen from
along with them. Learned counsel drew pointed attention
to the provisions of FR22(I) which read as follows:-
" FR 22. (I) The initial ... that after tendering resignation it cannot be treated
as promotion. However, FR22(I)(a)(1) has also given an option, as can be seen from
along with them. Learned counsel drew pointed attention
to the provisions of FR22(I) which read as follows:-
" FR 22. (I) The initial ... that after tendering resignation it cannot be treated
as promotion. However, FR22(I)(a)(1) has also given an option, as can be seen from
there is no provision
10500/-. rovision qua pay fixat
fixation
ion under
FR22(1)(a)(1)
22(1)(a)(1) and since the pay sscale ... were eligible for pay fixation and the
benefits as laid down under FR22(I)(a)(I).
9. It is appropriate to discuss the above provis
