MAKHAN LAL BHAT Vs. STATE

JUDGEMENT

(1.) THE petitioners grievance is that under Rule 5 Sub Rule -II Clause (b) of the Jammu & Kashmir (Higher Standard Pay Scale Scheme) Rules, 1996, he is entitled to 3rd higher standard pay scale. He states that he qualified the eligibility as provided under the rules after having completed 27 years or more regular satisfactory service before 01.01.1995.

(2.) THE respondents on the other hand claimed that the petitioner has earned the functional promotion during his service career which disentitled him from 3rd Higher Standard Pay Scale. It is stated that the petitioner was promoted in the Selection Grade Teacher w.e.f 01.03.1983 in the scale of Rs.600 -900. He was later placed in the scale of Rs.560 -1130 under SRO 370. It is stated that since he earned one functional promotion, therefore, he was not entitled to 3rd Higher Standard Pay Scale.

(3.) I have heard learned counsel for the parties and perused the record.