Denial of
initial higher start
Sir,
The graduate &
postgraduate teachers as per rule (10) & (12)
of 370 of July 17 1987 were entitled to get the
initial higher start pay & under the J&K
civil service (revised pay) rules 1992 read with
SRO 75 dt. 30-03-1992 rule 8 also this benefit
was continued but they were deprived by the DDOs
for the reasons best known to them. This rule for
information of the concerned is reproduced below:
The existing
provision of rule (1 0) & rule (1 2) of the
Jammu & Kashmir civil services (Revised)
Rules, 1987 relating to the benefit of higher
starting salary advance increments for higher
qualification in respect of a departments except
to the extent of posts of police constables &
Junior engineers. as provided in rule (d) &
(f) shall remain inoperative temporarily for
fresh recruits till such time orders are issued
in this behalf by the Govt."
The finance Dept.
later on also under OM No. A/57/87 (92)/633 dt.
15-09-1992 clarified that initial higher start
salary was stopped (kept withheld) made
inoperative only in respect of fresh recruitment
/new appointments but unfortunately this
clarification has no effect on the concerned
DDOs. Therefore body of the Graduate & post
graduate teachers knocked the doors of Hon'ble
high court for justice & the court in its
judgement dt. 27-07-1998 passed the following
directions: -
" So if there
was any doubt about the perspective portion or
rule 8 of the revised pay rule, 1992 the same
stands clarified. No judicial determination is
necessary because the petitioners’ version
about the scope of rule 8 has already been
accepted by the Govt. However in case any
individual person has been wrongly denied the
higher pay scale, he alone can seek appropriate
remedy & not the body or class of graduates
as a whole, when there is no dispute about the
interpretation of the provision. So there is no
merit in this writ petition which is
dismissed"
The AO director
school education. Jammu rightly sent the above
said judgement to all the CEOs of Jammu province
for allowing initial higher start to the post
graduate & graduate teachers appointed before
31-03-92 if not already given but unfortunately
the financial advisor CAO of education dept.
under No. EDU/Accts/Hr. start /98-99/1/50 dt.
14-12-1998 for obvious reasons only to further
delay & put obstacles in the matter withdrew
the instructions & AO DSEJ was also asked for
immediate cancellation of the letters which was a
mockery of the rule framed by the Govt. &
further clarified by the finance dept. who is
only competent to do so. Thus this letter has no
relevance in the matter. However not taking any
account of above instructions some of the DDO's
provide the benefit to the eligible teachers as
admissible under rule but some of the anti
elements tried away the same which compelled the
effected teachers to again approach the
Hon’ble High court for justice & the
court on 9-7-2001 passed the following judgement.
"A plain
reading of rule 8 of the rules make it apparent
that the benefit of rule 10 and 12 of the Jammu
and Kashmir civil services (revised pay) rule
1987 releasing to the benefit of higher starting
salary/advance increments for higher
qualification is to be given to all departments
except departments referred to in rule 9(d) and
(f).
The officials of
these departments are police constables and
Junior Engineers. The exceptions carved out in
rule 8 does not apply to teachers i.e. clause (d)
of rule 9. Therefore they would be deemed to be
governed by rule (8) and if they are entitled to
the benefits then they can not be deprived of the
same by placing reliance on the instructions
noticed above."
The whole position
is crystal clear and there is no reason to
withhold benefits which otherwise would have been
given to the concerned at the time of issue of
SRO 75 Dt. 30 -03- 92. More than nine years have
passed and concerned have already suffered much
both mentally and financially for no fault of
them as such it is hoped that some good sense
shall prevail upon the concerned DDOs of the
departments & they will Provide the benefits
as admissible under rule to the Graduates &
Post graduates teachers deprived of the same for
nothing with out any further delay.
Yours etc...
B L Balwal
Udhampur
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