CWP(T) No. 5664/2008 17.05.2010 Present: Mr. Gulzar Rathore, Advocate for the petitioner. Mr. R. M. Bisht, Dy. A.G. with Mr. P.M. Negi, Dy. A.G. for the respondents. Petitioner has prayed for the following relief: “i) That in view of the facts and circumstances of the case explained above, it is submitted that impugned orders Annexures A-1 and A-4 as passed by the respondents may very kindly be quashed and set aside, with the directions to the respondents to grant the benefit of FR 22 (C) to the applicant on his promotion to the post of Accountant, redesignated as Senior Assistant (Accounts) and accordingly fix the pay of the applicant with further directions to the respondents to calculate and grant the arrears to the applicant within the specific time as deemed fit by this Hon’ble Court.” 2. Petitioner was initially appointed as a Clerk in the year 1973. He was promoted as Junior Auditor in the year 1982. Vide order dated 25.3.1992 (Annexure A-1) he was promoted as Senior Assistant in the pay scale of Rs.1800-3200, which scale petitioner was also getting while he was officiating as a Junior Auditor. 3. It is the petitioner’s grievance that similarly situated persons, as mentioned in para 6(iii) of the petition, have been accorded benefits of FR 22-C whereas he alone has been left out. Petitioner also made a representation to the Government which stands rejected in terms of impugned orders (Annexures A-4 & A- 7). 4. From the record it could not be shown as to how petitioner is entitled to the benefits as stand accorded to S/Sh. Punnu Ram and Onkar Chand. 5. Be that as it may be, a bare reading of FR 1(a)(i) makes it evidently clear that petitioner is entitled to atleast one increment. While denying such benefits the State has relied upon FR-22(2). Reliance hereupon is misconceived as the Senior Assistant Accountant is a post of higher responsibility and greater importance than of a Junior Auditor. 6. In this view of the matter, it is directed that petitioner is entitled to increase of atleast one increment. The respondents are directed to take consequential action and release the amount within a period of four months from the date of receipt of certified copy of the order, failing which thereafter he shall be entitled to interest @9% per annum. The petition is disposed of in the aforesaid terms. ( Sanjay Karol ), Judge. May 17, 2010 (rana)