F.R. 27

Effect of grant of premature increments on future increments

(1) When increments are granted in advance, it is usually the intention that the Government servant should be entitled to subsequent increments in the same manner as if he has reached his position in the scale, in the ordinary course, and in the absence of special orders to the contrary he should be placed on exactly the same footing as regards future increments as a Government servant who has so risen.

(2) In drafting the Fundamental Rules, it was clearly recognised that Rule 27 would enable initial rate of pay to be fixed otherwise than in the manner enunciated in Rule 22. [C.A.G's. D.O. No. 2-A/408-23, A.G.P. and T., Dt. 3-1-1924]

(3) The expression 'scale of pay' represents the maximum of the scale which is to be taken into account for determining the authority competent to sanction increments rather than the stage of it.

[Letter No. 145-A/3-23, from Auditor, Government of India sanctions]

(4) [Not Printed].

Note :—Not Printed.

(G. O. Ms. No. 180, Finance & Planning (F.W-P.C.II) Dept., Dt. 05-12-2000)

Ref. :—

G.O.Ms.No.182, Fin.&Plg.(F.W-P.R.C.I)Department,Dt. 17-07-1987.

G.O.Ms.No.142, Fin.&Plg.(F.W-P.R.C.II)Department,Dt. 03-04-1996.

Judgment of the Hon'ble High Court in W.P.No.20512/96 filed by Sri Salada Sankara Rao, Typist and others Dt. 26-12-1996.

Judgment of the Hon'ble Supreme Court in C.A.No.1528 of 1999 and batch cases Dt. 16-03-1999

Government in Finance Department D.O.Letter No.46768/333/A1/P.C. II/96 Dt. 08-09-1999.

From the Registrar (Admn.) of the Hon'ble High Court of A.P. Roc. No. 5671/99-Estt. Dt. 26-10-1999.

Order :—The Government in the G.O second read above, accorded sanction for allowing Advance Increments to the categories specified therein under High Court of Andhra Pradesh and District Courts and Subordinate Courts under Judicial Department for acquiring or possessing the Degree of Law from any University recognised by University Grants Commission, subject to the conditions mentioned therein. The category of employees working as Typists in the Hon'ble High Court, District Courts and Subordinate Courts under the Judicial Department are not eligible for the said increments as this category was specifically excluded in the judgment of Hon'ble High Court in Md.Azamathullah Khan's case basing on which orders in the reference second read above were issued.

Sri Salada Shankar Rao, Typist and others who have acquired Law Degree qualification have filed W.P.No.20512/96 in the Hon'ble High Court of Andhra Pradesh for sanction of advance increments for the category of Typist also. The Hon'ble High Court in its judgment in the reference third read above allowed the Writ Petition. The Government have preferred an S.L.P on the judgment of the Hon'ble High Court as the Typists were specifically excluded from the sanction of Advance Increments by Hon'ble High Court in its judgment in W.P.No. 11053/88 and batch cases Dt. 28-8-1995.

The Hon'ble Supreme Court in its judgment 4th read above observed as follows:

"In our view, the contention of the learned Senior Counsel for the Appellant State is entitled to be accepted. The earlier judgment of the High Court in Md.Azmathullah Khan's case clearly held that an LL.B Degree was not relevant to the post of Typist and certain other categories. That judgment had become final and it was therefore not open to the High Court to deviate from the above said judgment by applying Article 14 of the Constitution of India for granting relief to the two Writ Petitioners. Admittedly, the two Writ Petitioners were working as Typists and, therefore, they were squarely covered by the earlier judgment in Md.Azmthullah Khan's case. We, therefore, do not agree with the High Court. We allow this appeal and set aside the judgment and dismiss W.P.No.20516/96 subject however, to some observations which we would like to make in this context.

In the earlier judgment in Md.Azamthullah Khan's case which has no doubt become final, the Division Bench took the view that for certain categories of Officers in the High Court and Subordinate Courts the acquisition of a LL.B. Degree was not relevant. We have certain doubts about the correctness of the said opinion expressed by the High Court in regard to the Typists and we have also some doubts as to whether in regard to some of the other categories also, the acquisition of LL.B.Degree would not be relevant. We have pointed out to the learned Counsel for the Appellant that on the question whether the acquisition of LL.B.Degree could be relevant in the sense that it would improve the efficiency of the Typists or some of the other categories, the best judge in that matter would be the High Court on the administration side and that the High Court should be allowed to re-consider the matter and recommend to the Government as to in respect of which post or posts including Typists which were held earlier as not entitled to the Advance Increments, the High Court would opine that the acquisition of LL.B.Degree would add to their efficiency.

In the event of the High Court coming to the conclusion that in respect of some of the other categories including Typists which were denied the benefit of Advance Increments earlier, acquisition of LL.B.Degree would be useful and would improve the efficiency it would then be necessary for the Government to re-consider the matter afresh giving adequate weightage to the opinion of the High Court. In that event, it would also be necessary for the Government to extend the benefit to some other categories also. However, we are of the view that it would be open to the Government to extend benefit prospectively subject to the above observations. C.A.arising out of SLP (C) No.10167/97 is allowed and the judgment of the High Court in W.P.No.20512/96 is set aside”.

The Government have accordingly obtained the views of the Hon'ble High Court of Andhra Pradesh on the observations of the Hon'ble Supreme Court. In the reference sixth read above, the Registrar (Administration), High Court of Andhra Pradesh, in view of the observations made by the Hon'ble Supreme Court of India opined that the acquisition of the Law Qualification by the members working in categories of Typists/Examiners and Copyists in the High Court Service and the Subordinate Courts would add to their efficiency and the same is beneficial to the Judicial Department as well, in view of the very nature of work in the High Court and Subordinate Judiciary.

The Government after careful consideration of the matter and in pursuance of the judgment of the Hon'ble Supreme Court in the reference fourth read above, and the recommendations of the Hon'ble High Court of Andhra Pradesh in the reference 6th read above, accord sanction of two Advance Increments to the categories of Typists/Examiners and Copyists working in the High Court of Andhra Pradesh, District Courts and Subordinate Courts under Judicial Department for possession or acquisition of Law Degree qualification from any University recognised by the University Grants Commission.

These orders shall come into force from the date of issue and the monetary benefit shall be allowed from the date of issue of these orders only.

The Advance Increments in 1986 Pay Scales are admissible to those who acquired Law Degree qualification before 01-07-1986 and working in those posts by 01-07-1986. The Advance Increments are admissible only once in the category in which he has been working by 01-07-1986 by which time the employees acquired Law Degree qualification. The Advance Increments shall be equal to the rate admissible on the date on which the employee became eligible for Advance Increments under these orders. The employees who are appointed by Direct Recruitment with Law qualification after 01-07-1986 and who acquired Law Degree qualification after 01-07-1986 shall get the Advance Increment(s) at the rate as admissible in the Pay Scale applicable to that post with reference to that pay revision, existing at the time of his appointment date/following the last date of examination as the case may be. To be clear, an employee appointed on 17-04-1994, with Law Degree gets Advance Increment(s) in the pay scale as applicable to the post to which he is appointed in the Revised Pay Scales, 1993. Similarly, an employee who acquires Law Degree qualification on 17-08-1994, (presuming this day as the day following the last date of examination) gets the advance increment(s) in the Revised Pay Scales, 1993.

The Advance Increments are admissible only once in the category in which he has been working and acquired Law Degree qualification.

The Advance Increments shall be treated as Personal Pay to be paid at the rate only throughout the service.

The normal date of increment will not be disturbed and his subsequent increment will accrue on the normal date of increment.

All the other clarifications, amendments in respect of granting of advance increments for higher/additional qualifications issued from time to time are applicable.

The Pay and Accounts Officer, Hyderabad/District Treasury Officers are directed to admit the claims made in pursuance of these orders.

(G.O.Ms. No. 37, Finance and Planning (FW-PC.II) Dept., Dt. 13-03-2001)

Ref. :—

G.O.Ms.No. 182, Fin.& Plg.(FW-PRC.I) Dept. Dt. 17-07-1987.

G.O.Ms.No. 142, Fin.& Plg.(FW-PRC.II) Dept. Dt. 03-04-1996.

G.O.Ms.No. 243, La(LA & J Courts-C) Department Dt. 30-11-1996.

Interim Orders of the Hon'ble High Court of A.P in W.P.M.P.No.16427/2000 in W.P.No.12906/2000 filed by Sri P.V.Ramana and others, Dt.25-08-2000

From the Registrar, High court of A.P. Hyderabad Letter No.6440/99/ Esst.II, dt.15-09-2000 and reminder dt.18-01-2001.

W.P.M.P.No.4237/2000 in W.P.No.12906/2000 filed by Sri P.V.Ramana and others Computer Operators working in A.P.High Court, Hyderabad.

From the Government Pleader for Finance, a.P.High Court, Hyderabad letter No.12906/2000/GR/F & P/2001, dt.05-03-2001.

Order :—The Government in the G.O. second read above, accorded sanction for allowing Advance Increments to the categories specified therein under the High Court of Andhra Pradesh and the District and Subordinate Courts under the Judicial Department for acquiring or possessing the Degree of Law qualification from any University recognised by the University Grants commission, subject to the conditions mentioned therein. The category of Computer Operator was created in the High Court of Andhra Pradesh in the G.O. third read above.

Sri P.V.Ramana and others working as Computer Operators in the High Court filed a W.P.No.12906/2000 in the High Court for allowing two Advance Increments for possessing or acquiring the Degree of Law qualification on the contention that this category is equivalent to that of Assistant Section Officers working in the High Court and, as such, they claimed that they are entitled to two Advance Increments on par with the Assistant Section Officers working in the High Court. In its interim direction through the reference 4th read above, the High Court made the following observations:

Interim direction to the 4th respondent to place the matter before the Hon'ble Chief Justice to consider whether it is a fit case to recommend to the Government for sanction of Advance Increment on the analogy of some other categories of employees for whom recommendations has been sent pursuant to the observations of the Supreme Court".

The Registrar (Admn), High Court of A.P., in the reference 5th read above, has informed that the matter had been placed before the Hon'ble Chief Justice for his Lordship's consideration as per the direction of the High court dated 25-08-2000 and that the Hon'ble Chief Justice, after considering the interim order of the High Court and the orders of the Hon'ble Supreme Court of India in Review Petition, is of the view that the Computer Operators are working for preparation of day-to-day Cause List and their services are fully connected with the judicial work for which it is necessary for them to have knowledge of law and also that they are also eligible for promotion to the category of Translators and Deputy Section Officers in the High Court Service and that acquiring an additional qualification of a Degree of Law is necessary for them in view of the nature of work in the Judiciary, and recommends that two Advance Increments may be allowed to the category of Computer Operators which are in category of 3 of Division II along with Assistant Section Officers of the High Court Service.

The Government, after careful consideration of the matter and in pursuance of the interm directions and recommendations of the Hon'ble Chief Justice, hereby accord sanction of two Advance Increments to the category of computer Operators working in the High Court of Andhra Pradesh for the possession or acquisition of a Degree of Law qualification from any University recognised by the University Grants Commission subject to the same terms and conditions laid down in the G.O.2nd read above.

These orders shall come into force from the date of issue and the monetary benefit shall be allowed from the date of issue of these orders only.

The Pay & Accounts Officer, Hyderabad is directed to admit the claims made in pursuance of these orders.

Fixation once made is final :—Once a pay is fixed under F. R. 27 at a particular stage it creates a vested right in the Government servant to draw that pay and Government cannot alter the fixation already made. This view was taken by the Government of India, Ministry of Law (Department of Legal Affairs) in their U.O.No. 21057/62 Adv. (P), Dt. 8-8-1962 wherein it was held that the authority who fixed the pay under F.R. 27 is not competent to reduce the pay originally fixed even though the original fixation was based on some data which subsequently was found to be incorrect. The Andhra Pradesh High Court has in its judgment in W.P.No. 3279/68 has also expressed the same view.

In respect of persons who worked temporarily in one Department for some time drew some increments in the time scales in which they worked and were subsequently selected and appointed on a regular basis in other Departments, it has been ordered by the Government that the pay they originally drew in the earlier Department should be protected under F.R. 27 and they should be paid the same pay in the other Department also. This principle would however apply in cases where the post he held temporarily and the post to which he is subsequently selected and appointed happened to be the same or identical posts.

[See G.O.Ms.No. 219, Fin., Dt. 15-7-1979]