IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.16567 of 2008 Date of decision : June 3, 2011 Sardari Lal …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Onkar Jairath, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General, for respondents No.1 to 3. Mr. Varun Chandel, Advocate, vice Mr. Sandeep Sharma, Assistant Solicitor General of India, for respondent No.4. Surjit Singh, Judge(Oral) Heard and gone through the record. 2. Petitioner was appointed as Trained Graduate Teacher, in the year 1972, in Education Department of Himachal Pradesh. In the year 1980, he passed MA (Economics) Examination, which made him eligible for appointment to the post of Lecturer (School Cadre). He was promoted as Lecturer (School Cadre) in August, 1994. He completed eight years service in 2002 and was given the benefit of ACP, as a result of which he was given one extra increment. In July 2003, he was appointed as Head Master, in higher pay-scale of `7,000-10,980. As Lecturer, Whether reporters of the local papers may be allowed to see the judgment? …2… he was in the pay-scale of `6,400-10,640. At the time of his appointment, as Head Master, his pay, as Lecturer, was `10,300/-. On appointment as Head Master, in July 2003, his pay was reduced to `10,025/-, in the pay-scale of `7,000-10,980. 3. Petitioner represented to the respondents, for fixing his pay, in accordance with Rule 22 of Fundamental Rules, per which his pay was to be fixed at a stage next above the stage at which he was drawing the pay in the scale of Lecturer, at the time of his appointment as Head Master. That representation did not find favour with the respondents. Petitioner, therefore, filed Original Application, before the erstwhile H.P. State Administrative Tribunal. After the abolition of the Tribunal, in the year 2008, matter came to this Court and was re-registered as CWP(T) No.16567 of 2008 with the Registry of this Court. 4. In reply, the respondents have stated that post of Head Master is not a promotional post for Lecturers, but is a promotional post for Trained Graduate Teachers and that the pay of the petitioner, in the pay-scale of Head Master, has been fixed, by working out his pay, which he would have been getting as Trained Graduate Teacher, had he not been appointed as Lecturer, which was his substantive post. …3… 5. View taken by the respondents is contrary to the provision of FR 22(I)(a)(1). The Rule very clearly says that when a Government servant is promoted or appointed to a post, involving assumption of higher responsibilities or duties, his pay is to be fixed at a stage next above the stage in which he was drawing pay in the lower post. The Rule is irrespective of the fact whether the higher post is a promotional post or the same is out of line of promotion. 6. Otherwise also, petitioner could not have been treated as Trained Graduate Teacher, for the purpose of fixing his pay in the pay-scale of Head Master, because after appointment as Lecturer he had been confirmed in that post and ceased to be the substantive holder of the post of Trained Graduate Teacher, as has been done by the respondents. His confirmation, as Lecturer, meant that he ceased to hold the post of Trained Graduate Teacher. 7. Admitted facts are that the petitioner was drawing pay of `10,300/-, in the pay-scale of `6,400- 10,640, as Lecturer, before his appointment as Head Master, in the pay-scale of `7,000-10,980. It is not in dispute that the post of Head Master involves assumption of higher responsibilities and duties. Therefore, pay of the petitioner was required to be fixed at a stage next above …4… the stage of `10,300/-, the pay, which he was drawing at the time of appointment as Head Master. That pay is `10,640/-. For the foregoing reasons, writ petition is disposed of with a direction to the respondents to fix the pay of the petitioner at `10,640/-, as on the date of his appointment as Head Master, and future increments shall also be given and pay in the revised pay-scales shall also be fixed, accordingly. June 3, 2011(sd) ( Surjit Singh ), J