R.1 Short title

These Rules may be called the Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996.

R.2 Commencement

These Rules shall come into force w.e.f. 1-1-1995.

R.3 Extent of application

       -(i) These Rules shall apply to:
       (a) all categories of non-gazetted Government employees except as provided elsewhere in these Rules, who are whole time employees working either in permanent or quasi-permanent or temporary capacity in graded scales;
       (b) such other categories of employees as may be specified by the Government from time to time.
       (ii) These Rules shall not apply to:
       (a) Gazetted Government employees;
       (b) Government employees in part time employment;
       (c) persons engaged on contract basis;
       (d) persons employed on work charged establishment;
       (e) Government emplo

R.4 Definitions

       In these Rules unless the context otherwise requires,-
       (a) "Scheme" means the Higher Standard Pay Scale Scheme.
       (b) "Existing Pay Scale" means the pay scale of the entry post applicable from 1-4-1987 as per Jammu and Kashmir Civil Services (Revised Pay) Rules, 1992, as indicated in Column 2 of the Schedule 1, held by the Government employee at the time of his/ her 'Promotion IN-SITU' under this scheme.
       Explanation.-In case of a Government servant who, on the relevant date, was on deputation or on leave or on foreign service or under suspension or under training "existing pay scale" in his/her case means the pay scale applicable to the post which he/she would have held but for his/her being on such deputation or leave or foreign service or under training or under suspension as the case may be.<

R.5 Grant of Higher Standard Pay Scale

       (i) (a) An employee covered under these Rules who has not got any promotion or promotional scale/selection scale in his service career and has completed 18 years or more but less than 27 years of regular satisfactory service before 1-1-1995 will be allowed, w.e.f. 1-1-1995, in place of his existing scale the Second Higher Standard Pay Scale specified in Column 4 of Schedule 1 of these Rules;
       (b)An employee covered under these Rules who completes such regular satisfactory service of 18 years after 1-1-1995 and has not got any promotion or promotional scale/selection scale in his service career will be allowed the Second Higher Standard Pay Scale from the 1st of the month following the month in which he completes such service;
       (ii)(a) An employee covered under these Rules who has not got any promotion or promotional scale/selection scale i

R.5(A) .

       Notwithstanding anything contained in rule 5 an employee covered under these rules, who, after acquiring one promotion has stagnated and rendered in the existing post, 18 years or more of regular satisfactory service prior to 1-1-1905 shall be allowed w.e.f. 1-1-1995 two. In situ promotions and placed in the 2nd Higher Standard Pay Scale corresponding to his/her existing pay scale as specified in Schedule I of these rules.
       Likewise, an employee covered under these rules, who, after acquiring two promotions has stagnated and rendered 9 years or more regular satisfactory service prior to 1-1-1995 shall be allowed one. In situ promotion and place in 1st Higher Standard Pay Scale corresponding to his existing pay scale as specific in Schedule I of these rules:
       Provided that any such employee, who may complete such regular service as indicate

R.5(A)(A) .

In case of Work Charged employee(s)/Daily Rated worker(s) (excluding Casual/sessional workers) who is/are brought on regular establishment, 50% contiguous work changed/daily wage service shall be counted with regular service for purpose of grant of. In situ Promotion under these rules; provided that the cases already settled under the provisions of existing rules shall not be reopened.]

R.6 Fixation of Pay

       Even though promotion under this scheme, which is 'IN-SITU', may not involve assumption of higher duties and responsibilities, the benefit of Article 77-B of the Jammu and Kashmir CSRs. will be allowed while fixing pay on promotion 'In-Situ' as a special dispensation:
       Provided that such benefit will not be allowed again at the time of the functional promotion of an employee if the functional promotion carries the same scale as has been allowed at the time of promotion 'In-Situ':
       Provided further that where an employee is entitled and promoted on 'In-Situ' basis under Rule 5 (i) and 5 (ii) of these Rules, his/her pay shall first be notionally fixed under Article 77-B of J & KCSRs. as a special dispensation in the intermediary pay scales(s) i.e. 1st and or Second Higher Standard Pay Scale(s)-indicated in Columns 3 & 4 of Schedule 1 of thes

R.7 Date of next increment

The next increment after pay fixation in Higher Standard Pay Scale under these Rules shall be admissible on completion of 12 months of incremental period.

R.8 Efficiency Bar

If an employee is eligible for Higher Standard Pay Scale but he is held up at the Efficiency Bar in the existing pay scale the procedure for crossing of Efficiency Bar in the process of fixation of pay in Higher Standard Pay Scale will be the same as laid down in Rule 11 of J&K Civil Services (Revised Pay) Rules, 1992.

R.9 Exercise of option

       (a) If the employee who has got benefit of senior/selection grade scale, desires, he may exercise option to continue senior/selection grade scale or to accept this Scheme. If he exercises option to join this Scheme, his pay fixation shall be done, as if he had not availed of the senior grade/selection grade scale. As a result, the amount of pay and allowances, due if any shall be adjusted against the benefit admissible under these Rules.
(b) The option must be exercised in writing in the Form as prescribed under Schedule 3 annexed to these Rules and shall have to be furnished to the proper authority i.e. Head of the Department/Office under whom he/she is working, within three months from the date of issue of this Notification.

R.10 .

       Every employee availing the benefit of these Rules shall be required to give an undertaking in writing as per Schedule 2 annexed to these Rules to the effect that as and when he/she will be eligible for functional promotion, he/she will not refuse it. This is because the intention of this Scheme is to give benefit to those who are stagnating in a post with the relevant pay scale and the benefit of this Scheme cannot be extended to those who have relinquished/foregone the functional promotion for reasons whatsoever. If he/she declines the promotion when it becomes due, he/she shall have to forsake the benefit under this Scheme and he/she shall have to be reverted to his/ her original lower grade and shall draw the pay which he/she would have drawn in the original lower grade had he/she not availed the benefit of the Higher Standard Pay Scale under this Scheme:
Provided that due to reversion to the original grade the recover

R.11 .

The Promotion 'In-Situ' to Higher Standard Pay Scale shall be made against the existing post during the period of such appointment, treating the said post as that of the relevant Higher Standard Pay Scale till it is vacated by the concerned employee by way of normal promotion, retirement etc. Thus the strength of the posts sanctioned for each category, shall never be increased as a result of the 'promotion In-Situ' against the Higher Standard Scale in that category.

R.12 Authority competent to grant Higher Standard Pay Scale -Procedure therefor

       -(a) The Appointing Authority for the post of Higher Standard Pay Scale shall be competent to grant Higher Standard Pay Scale to eligible employees);
       (b) At the time of granting Higher Standard Pay Scale the existing screening mechanism for promotion shall be applied;
       (c) No Higher Standard Pay Scale shall be granted to the employee who is under suspension on the date of eligibility or who is charge-sheeted under provisions of J&K Classification, Control & Appeal Rules, or any other Rules for the purpose. However, when the employee is exonerated in Departmental enquiry against him/her and reinstated on duty, the Higher Standard Pay Scale shall be granted on the basis of eligibility on completion of 9/18/27 years incremental period of service as the case may be;
       (d) An employee otherwise eligib

R.13 .

The benefit of these rules shall not be available to such employees who relinquished promotion for reasons whatsoever.

R.14 Interpretation

In case of any dispute and/or doubt with regard to any of the provisions of these Rules, the matter shall be referred to the Government in the Finance Department for clarification and/or interpretation who shall decide the same.

Sch.1 .

       Rule 4(b), (d), (f) & (g) of J&K Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996.
       Structure for grant of Higher Standard Pay Scale to various categories of Non-Gazetted State Government Employees on completion of the prescribed regular satisfactory service.