Subhash Setia v. State Of Haryana And ORS
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1. Whether Reporters of Local Newspapers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest? 3(2 !/ '!#4*5 % 6,27
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4.4 The initial substantive pay of a Government employee who is appointed substantively to a post on a time%scale of pay is regulated as follows:% (a) If he holds a lien on a permanent post, other than a tenure post, or would hold a lien on such a post had his lien not been suspended% (i) when appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of rule 4.
13) than those attaching to such permanent post, he will draw as initial pay the stage of the time%scale next above his substantive pay in respect of the old post; (ii) when appointment to the new post does not involve such assumption, he will draw as initial pay the stage of the time scale which is equal to his substantive pay in respect of the old post, or, if there is no such stage, the stage next below that pay plus personal pay equal to the difference; and in either case will continue to draw that pay until such time as he would have received an increment in the time scale of the old post or for the period after which an increment is earned in the time scale of the new post, whichever is less.
(iii) when appointment to the new post is made on his own request under rule 3.17(a) and maximum pay in the time scale of that post is less than his substantive pay in respect of the old post, he will draw that maximum as initial pay.
.─ The expression "if he holds a lien on a permanent post" occurring in this clause should be held to include the lien on a permanent post to which a Government. employee is appointed in a provisional substantive capacity under rule 3.14 (d), and the
/ expression "substantive pay in respect of the old post" occurring in it should be held to include his substantive pay in respect of that provisional substantive appointment. This clause should, therefore, be held to permit the substantive pay in respect of a provisional substantive appointment being taken in to account in determining his initial pay in another post to which he is appointed. When the initial pay of a Government employee in a post is thus fixed, it will not be affected even if during the tenure of his appointment to that post he reverts from his provisional appointment.
(b) If the conditions prescribed in clause (a) are not fulfilled, he will draw as initial pay the minimum of the time%scale:
Provided both in cases covered by clause (a) and in cases, other than cases of re%employment after resignation of removal or dismissal from the public service, covered by clause (b) that if he either─
(1) has previously held substantively or officiated in─ (i) the same post, (ii) a permanent or temporary post on the same time% scale or (iii) a permanent post other than a tenure post or a temporary post (including a post in a body, incorporated or not, which is wholly or substantially owned or controlled by the Government) on an identical time scale, or
(2) is appointed substantively to a tenure post on a time% scale identical with that of another tenure post which he has previously held substantively or in which he has previously officiated, then the initial pay shall not except in cases of reversion to parent cadre governed by proviso (iii) be less than the pay, other than special pay, personal pay or emoluments classed as pay by the competent authority under rule 2.44 (a)(iii), which he
- drew on the last such occasion, and he shall count for increments the period during which he drew that pay on such last and any previous occasions for increment in the stage of the time%scale equivalent to that pay. If, however, the pay last drawn by the Government employee in a temporary post has been inflated by the grant of premature increments the pay which he would have drawn but for the grant of these increments shall, unless otherwise ordered by the authority competent to create the new post, be taken for the purposes of this proviso to be the pay which he last drew in the temporary post. The service rendered in a post referred to in proviso (1) (iii) shall, on reversion to the parent cadre, count towards initial fixation of pay, to the extent and subject to the conditions indicated below:% (i) The Government employee should have been approved for appointment to the particular grade/post in which the previous service to be counted.
(ii) all his seniors, except those regarded as unfit for such appointment, were serving in the post carrying the scale of pay in which benefit is to be allowed or in higher post, whether in the department itself or elsewhere, and at least one junior was holding a post in the Department carrying the scale of pay in which the benefit is to be allowed; and (iii) the service will count from the date his junior is promoted and the benefit will be limited to the period the Government employee would have held the post in his parent cadre had be not been appointed to the ex%cadre post.
.─ In respect of Government employee serving in an ex%cadre post on identical time scale of pay as the time scale of the parent cadre service rendered in the ex%cadre post upto 31st May, 1966 shall count for purposes of fixation of pay and increment to the extent
, admissible under proviso I (iii) as it existed immediately before 1st June, 1966, if the same is more advantageous to him.
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