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
previous post, the petitioner cannot be brought under the
umbrage of FR22(C). In this regard the clarification as
provided by the Government of India ... above decision is read with the principal part of
FR22(C) there would be no confusion to hold that the
petitioner was entitled
petitioner was entitled to pay
fixation in accordance with the provisions of
FR22(1)(a)(1) as was done in respect of several
seniors ... ground that petitioner's pay can be
fixed under FR22(1)(a)(2) as the duties and
responsibilities assigned to the post of Works
responsibilities, their pay ought to have been fixed under Rule 1313(FR22(1)(a)(1). Whereas, the plea of the respondents is that ... will remain unchanged in terms of the provisions contained in Rule 1313(FR22(1)(a)(1), as per para 3 and 6 of the letter
responsibilities, their pay ought to have been fixed under Rule 1313(FR22(1)(a)(1). Whereas, the plea of the respondents is that ... will remain unchanged in terms of the provisions contained in Rule 1313(FR22(1)(a)(1), as per para 3 and 6 of the letter
advance
increment which was granted to the petitioner in terms of FR22-D on
promotion from the post of Upper Division Clerk (UDC) to Accountant ... same,
therefore, he is not entitled to get the benefit of FR22-D.
2. The aforesaid issue is no longer res integra and the matter
