petitioners by the respondents was due
to Panandhro Higher Grade Scheme (in brief, 'PHG
Scheme') issued vide Circular No. 179 on 20th
February ... appointed to the higher post on 10.05.2007.
b) As per rules of fixation after granting
Higher grade if the employee is promoted: to
the scale
reliefs:
"18) ...
A) Directing the respondents to grant
the Second Higher grade scale to the
petitioner with effect from 1.6.2002 and
to revise ... directed to reconsider the
case of the petitioner for 2nd higher grade
scale ignoring the Resolution
dt.31.3.2005.
D) ..."
3. The brief
ground that she has not acquired Telugu and English higher grade
typewriting qualification, as illegal and arbitrary.
2. Case of the petitioner is that ... condition is incorporated, which states that the petitioner
should acquire typewriting higher grade qualification both in English and
Telugu within two years of minimum
higher post. It did not
involve any process of selection for conferment of the benefit of
higher pay-scale. Thus, up-gradation in higher grade ... Where the up-gradation involves only a higher replacement
scale without any additional responsibility/ higher
qualification/higher eligibility service, the suitability of the
incumbents need
thus not only covers advancement to higher position
or rank but also implies advancement to a higher
grade. In service law, the word 'promotion ... granting selection grade "because there is
no automatic promotion to the selection grade pay scale." Further,
the selection grade posts were created
level Grade Pay, was that increasing the induction level
Grade Pay from Rs.1900/- to Rs.2400/- would result in stagnation in the
higher level ... that a new Grade was introduced ie. Grade Pay of
Rs.7600/- for those who have completed 7 years in the Grade of Rs.6600
have
successfully completed their probation period on promotion to
next higher grade along with their juniors who have already
completed such eligibility service ... grant of consequential
reliefs, including according, further promotion to a higher grade on
completion of the requisite period of service; calculated with effect
from
been prescribed then their case for promotion to a still
higher grade against general category posts has to be
considered not treating them as members ... Scheduled Castes or Backward
Classes has got accelerated promotion to a higher grade
and is to be considered for further promotion to a still
higher
grade concerned can be counted for the purpose of
seniority in that grade and for eligibility for promotion to the next
higher grade. The said ... grade concerned also does
not count for the purpose of seniority in that grade and for eligibility
for promotion to the next higher grade. Accordigly
accordingly decided that the Officer cannot be
relieved from a higher grade pay/scale of pay to a
post in the lower grade pay/scale ... decided that an officer cannot be relieved from
a higher grade pay/ scale of pay to a post in the lower grade pay/
scale