Appointment to higher post with greater duties and responsibilities, evidenced by higher pay scale, entitles government servant to pay fixation under FR 22(I)(a)(1) with one increment, not FR 22(I)(a)(2).

JUDGMENT :

Jiya Lal Bhardwaj, J.

By way of the present writ petition, the petitioner has prayed for the following substantive reliefs:-

“(i) That a writ in the nature of certiorari may be issued and Annexure P-5 dated 23.04.2009 may kindly be quashed and set aside.
(ii) That a writ in the nature of mandamus may be issued directing the respondents to fix the pay of the petitioner as per the provisions of FR 22(1) (a) (I) at Rs.6600/- as on 21.06.2007 with all consequential benefits of pay arrears, seniority etc. etc. along with interest @9% PA.
(iii) That a writ in the nature of mandamus may kindly be issued directing the respondents to grant the benefit of past service as rendered by the petitioner in the previous department for the purpose of promotion to the of either Headmaster or Lecturer (Maths) and in the alternative, at least petitioner may very kindly be granted the benefit of seniority from the year 1997 when he passed M.Sc. (Maths) as the similar treatment is given to all serving incumbents in the respondent department.”

2. The precise grievance as raised in the writ petition is that the petitioner was earlier appointed as a Constable in the Himachal Pradesh Police Department in the year 1988 and thereafter was promoted as Head Constable in the year 2006. During the service period, the petitioner acquired the qualifications of Bachelor of Science (B.Sc.) (Non-Medical), Master of Science (M.Sc.) and Bachelor of Education (B.Ed.). After obtaining the aforementioned qualifications, the petitioner became eligible to hold the post of TGT (Non-Medical).

3. After the prior approval of the Department, the petitioner was offered appointment to the post of TGT (Non-Medical) on batch-wise basis and vide office order dated 20.06.2007 (Annexure P-1), he was relieved of his duties and was asked to join the post of TGT (Non-Medical) w.e.f. 21.06.2007 (afternoon).

4. After joining with the Education Department, his pay was fixed as per Annexure P-2. However, vide letter dated 07.11.2008 (Annexure P-4), respondent No.2 had written to the Deputy Director(s) of Elementary Education, Mandi and Bilaspur, H.P., to provide information regarding the appointment of the petitioner and thereafter, vide communication dated 23.04.2009 (Annexure P-5), the Deputy Director, Elementary Education, Mandi, H.P., had fixed the pay of the petitioner at Rs. 6200/- with DNI 01.09.2007 in accordance with FR 22(I)(a)(2).

5. It has been averred in the writ petition that the petitioner was earlier serving as Head Constable in the Police Department in the pay scale of Rs. 4020–6200/- and while posting him as TGT (Non-Medical), his pay scale was of Rs. 5480–8925/-. Once he has been appointed to a post carrying higher pay scale, he is to be governed as per the provisions contained in FR 22(I)(a)(1) and thus entitled for two advance increments.

6. It has further been averred that in similar circumstances, one Sh. Janinder Kumar, who was earlier serving as Head Constable in the Police Department of the State Government and had also submitted technical resignation, the respondents had granted him the benefit of two advance increments over and above the basic pay last drawn by him in the Police Department.

7. It has further been averred that when the said person, namely Sh. Janinder Kumar, was appointed as Drawing Master in the Education Department, the pay scale at the relevant time was Rs. 5000–8100/-.

8. The respondents have