JAWAHAR LAL RAINA Vs. STATE OF J&K

JUDGEMENT

(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:

(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:

(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.