' SHAH ABDUR RASHID (CHAIRMAN). -OD the introduction of the Scheme of National Scales of Pay, etc, issued under the Ministry of Finance Notification No, F. 1 (136) Gaz-IMP. 1/73, dated 18th August, 1973, the appellant was placed in Grade-I, which has now been re-named as Grade 16. Under the said Notification, Grade-I carried National Scales of Pay of Rs, 400-35-750/50-1,000. The appellant reached the maximum of Grade 16 on 1st December, 1974. He remained at that maximum on 1st December 1975 as well as on 1st December, 1976. On the 1st May, 1977, the National Scales of pay of different grades were revised and for Grade 16, National Scale of pay of Rs, 625-40-825/50-1,325 was provided. With effect from 1st May, 1977, on the basis of the formula of fixation of pay in the Revised National Scale of pay, the appellant's pay was fixed at Rs, 1,275 and on 1st December, 1977 at Rs, 1,325 in Grade 16, which was the maximum of the scale.
2. The appellant claimed that on the basis of para (J) of Notification of the 18th August, 1973, which had not been altered by the letter of the 28th April, 1977, introducing Revised National Scales of Pay, the appellant was entitled to move over to Grade 17 in the National Pay Scale of Rs, 900-50- 1,150/60-1,750 and that his pay in the revised scale should have been fixed at Rs, 1,330 in Grade 17 with effect from 1st December, 1977.
3. Omitting the inapplicable clause (ii) of Notification No, F. 1 (36)-Imp. 1/73, dated 18th August, 1973, para. (J) there of reads as follows :- "(J) Moving over to next higher National Scale.- A Gazetted Government employee who has reached the maximum of National Scale I or II, shall be brought on to National Scale II or III, respectively, with effect from the 1st December of the year in which he completes three years of such service at the above maximum as counts for increments under the rules, subject to the following conditions :-
(i) An employee who will be adjusted in, or whose basic pay scale is National Scale I, will be allowed to move over only upto and including National Scale IL
(ii) ..
(iii) He has earned, in succession, annual confidential reports, without any adverse entry, from the year of reaching the maximum up to the year of moving-over (both years included). If this condition is not fulfilled, such employee shall wait at the maximum till he has earned in succession, the requisite number of Reports without an adverse entry and his transfer to the next higher scale shall take effect from the 1st of December of the year following the year for which the last such report is earned."
' The appellant's case is that he was at the maximum of Grade 16 on 1st December, 1974, 1st December, 1975 and 1st December, 1976 and again after the revision of pay scales, he remained at the maximum of Grade 16 as his pay was fixed at Rs, 1,325 which was the maximum of the revised Grade. He contends that he having earned good reports since 1974 was entitled to move over to Grade 17 and his pay in that grade should have been fixed at Rs, 1,330.
4. The learned counsel for the respondent, however, argues that the scheme of moving over to the higher scales was introduced in order of avoid frustration to the Civil Servants who reached the maximum of the Scale and used to be held up there without getting year to year benefit and since the maximum of Grade 16 was considerably enhanced in the Revised National Scales of Pay, the appellant continued to get higher pay year by year and that before moving over he has to remain at the maximum of the Revised Scale for the requisite number of years. Whatever the purpose of introducing the provision for moving over may be, para. (J) has to be interpreted on its own language and according to the rules of interpretation. For moving over from Grade 16 to Grade 17, two conditions are necessary. The first is that a Civil Servant should complete three years of service in Grade 16 at the maximum of the Scale and the second is that he does not earn adverse reports for four consecutive years including the year of moving over. The appellant, on reaching the maximum of Grade 16 on 1st December, 1974, came in the category of those Civil Servants who should be considered for moving over to the higher scale subject to earning reports which are not adverse. He earned good reports thereafter throughout and remained at the maximum of Grade 16 in the old National Scales of Pay upto 1st December, 1976. The right to receive pay is vested right and when a vested right is acquired; it cannot be taken away except by special provision made in the law. The subsequent order revising the National Scales of Pay did not make any special provision in such cases, and, therefore, irrespective of the revision of pa on 1st May, 1977, the appellant shall have to be considered as Navin remained at the maximum on 1st December, 1974, 1st December, 1975 and 1st December, 1976. On 1st December, 1977 in the Revised National Scales of Pay, he again got the pay in the maximum of National Pay Scale 16. He, therefore, fully qualified for moving over to Grade 17 as he had earned reports which were not adverse. Any other interpretation would create anomalous results and it is the duty of the Courts to interpret a provision which does not create such anomalies. It is pertinent to note that with, the moving over to a higher grade, a Civil Servant not only gets some additional benefits besides pay in reuse, but also gets a higher status. He, therefore, cannot be deprived of the benefit of being moved over to Grade 17, which has once accrued to him on 1st December, 1974 after earning the requisite number of reports which are not adverse. The interpretation which the department now wants us to put on the language of para. (J) Would require the appellant to earn three more good reports before he can claim for moving over to Grade 17. It will not be out of place to mention here that in 1981, the maximum of Grade 16 has further been increased and the possibility is that even thereafter the appellant shall remain stuck up in Grade 16 as on reaching the maximum of the latest scales he shall have to stay for another three years before moving over. This obviously cannot be the intention of the rule makers nor it can be read into para. (J) of the Notification read with subsequent orders of revision of the National. Scales of Pay.
5. In the above circumstances, therefore, we accept this appeal and hold that the appellant has moved over to Grade 17 with effect from 1st December 1977 and that in that Grade on that date his pay is to be fixed at Rs, 1,330.
6. There shall be no order as to costs.
7. The parties to be notified accordingly.