Nikil Balagavi 18 October 2023
T. Kalaiselvan, Advocate (Advocate) 18 October 2023
If high court has not specifically made any mention about your promotion then you may not be eligible to claim ante date promotion
However you can approach your advocate to obtain/procure the judgment suiting to your situation
kavksatyanarayana (subregistrar/supdt.(retired)) 18 October 2023
When there is a punishment of stoppage of 3 annual increments (by HC) then how do they consider you for promotion as there is a punishment under process?
Nikil Balagavi 18 October 2023
kavksatyanarayana (subregistrar/supdt.(retired)) 18 October 2023
Stop of increments is a punishment and not fit for promotion.
Nikil Balagavi 18 October 2023
Sudhir Kumar, Advocate (Advocate) 19 October 2023
Parially agree/disagreeing with above viw, I express as under:-
As described by you the penalty has been modified.
Logically the penalty will take effect from the date from which compulsory retirement was there. (unlss contrary is provided in High COurt order which is not before this forum)
You should expect promotion after completion of penalty period (probably in 2020 or 2021)
However as you weere not in service at the time of DPC, you may not have to be considered fro promotion. Now due to renstantement you are back in serivce and back in senioiryt list at the same place from where you were deleted. In that case it is a fit case of review DPC as the composition of the seniority list considered by DPC has changed.
More considered views can be expressed on perusal of the High Court order.
H.JanakiManohar Rao (lawyer) 19 October 2023
Sudhir Kumar, Advocate (Advocate) 19 October 2023
Not able to fully agree.
Punishment is prospective. But here prima-facie the punishment existed in 2016 and it has been modified from compulsory retirment to stoppage of increments. So norally the revised pealtyshall take effect form the stage when penalty existed.
However, a clear view can be formed after perusal of high court order
Nikil Balagavi 19 October 2023
Sudhir Kumar, Advocate (Advocate) 22 October 2023
not able to give concrete views wihtutu eeing High Court orders.
Nikil Balagavi 22 October 2023
Sudhir Kumar, Advocate (Advocate) 23 October 2023
given facts indicate the the revised penalty may operate from 2016.
You have not indicated date of penalty and date of next increment so it is not ppossible to judge whether the penalty period will end in 2020 or 2021.
The promotion will be held from the date of end of penaltyperiod i,e, the date frm which you start getting increment.
You are not at all sharing :-
Therefoere forming of concrete viewis not possible in your case.
P. Venu (Advocate) 23 October 2023
Any definite suggestion needs that following particulars be disclosed -
1. When was the charge-memo (charge sheet) issued?
2. When did the DPC meet?
3. When were your juniors promoted?
4. When was the Final Order issued?
5. When was the Order of compulsory retiremnt implemented?
6. When were you reinstated (taken back) in service in implementation of the directions of the High Court?
Sudhir Kumar, Advocate (Advocate) 24 October 2023
the facts so far disclosed by you do not permit any further views to be expressed.
atleast give case No of High Court order.