1. The Government Order No.534/Agri of 1972 dated 27.05.1972, which was issued pursuant to the Cabinet Decision No. 40 dated 19.04.1972, provided inter alia for “grant of two advance increments in favour of officers of the Agriculture, Horticulture, Floriculture, Animal Husbandry and Sheep Husbandry departments, who acquired M.Sc and M.V.Sc degree”. In the year 1982, the Jammu and Kashmir Civil Services (Revised Pay) Rules (for short, the Rules of 1982) were framed and notified vide SRO 91 dated 22.03.1982. Under Rule 12 of the Rules of 1982, the grant of advance increment for higher qualification was maintained. Rule 12 is extracted for ready reference:

“12. Advance increment(s) on acquisition of higher qualification either while in service or at the time of initial appointment, as admissible under the relevant rules and orders, in various Departments like Education, Agriculture, Animal Husbandry, Health, Medical Education etc. will continue to be allowed in the revised scales on the existing terms and conditions.”

2. The Rules of 1982 were followed by the Jammu and Kashmir Civil Services (Revised Pay) Rules, 1987 (for short, the Rules of 1987) notified vide SRO 370 dated 17.07.1987. The benefit of advance increment(s) was similarly maintained under Rule 12 of the Rules of 1987. Rule 12 is extracted:

“12. Advance increment(s) on acquisition of higher qualification either while in service or at the time of initial appointment, as admissible under the relevant rules and orders, in various Departments like Education, Agriculture, Animal Husbandry, Health, Medical Education etc. will continue to be allowed in the revised scales on the existing terms and conditions.”

3. Important feature of Rule 12 of the Rules of 1982 and Rule 12 of the Rules of 1987, which is relevant to be noticed, is that the benefit of advance increment(s) was available to the officers, who possessed the higher qualification at the time of initial appointment, as well as the officers, who acquired such qualification while in service.

4. The Rules of 1987 were followed by the Jammu and Kashmir Civil Services (Revised Pay) Rules, 1992 (for short, the Rules of 1992), which were notified vide SRO 75 dated 30.03.1992 and were deemed to have come into force on 01.04.90. There was a change in grant of the benefit for higher qualification under the Rules of 1992, inasmuch as the benefit of advance increment(s) to the fresh recruits in the aforementioned departments was temporarily withdrawn. The benefit to be granted for higher qualification was incorporated in Rule 8, which is extracted:

“8. The existing provisions of Rule (10) and Rule (12) of the Jammu and Kashmir Civil Service (Revised Pay) Rules, 1987, relating to the benefit of higher starting salary/advance increment(s) for higher qualification, in respect of all Departments, except to the extent of the posts of Police Constables and Junior Engineers, as provided in Rule 9(d) and (f), shall remain inoperative temporarily for fresh recruits till such time as fresh orders are issued in this behalf by the Government.”(underlining by me)

5. Close on the heels of the notification of the Rules of 1992, the Finance Department issued O. M. No. A/37(92)-633 dated 15.09.1992 whereby it was clarified that the terms, “Fresh recruitments”, “fresh appointments”, “New appointments”, “Future appointments”, appearing in the Rules of 1992 shall mean appointments as have been made or shall be made on or before 31.03.1992.

6. The petitioners are/were the officers in the Agriculture Department and Horticulture Department. They were appointed prior to the year 1990 at different times starting from the year 1978. All of them acquired higher qualification of M.Sc. Agriculture at different times after the year 1992, that is, after coming into force of the Rules of 1992 up to the year 2000. As all of them acquired higher qualification as in-service officers, that is, after their initial appointment, they were granted the benefit of the advance

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