RELEASE OF STAGNATION AFTER PENALTY OF CENSURE

NARESH KUMAR CHOPRA (Querist) 08 September 2017 This query is : Resolved
I am serving in Public sector insurance company. Last stagnation increment given to me was 9.2014. Compnay awarded me punishment of Censure in 3.2016. Now My stagnation increment is due on 9.2017. The stagnation increment is payable to me after 3 years as per our wage agreement. Now the company is saying that your stagnation increment will be deferred by 1 year till 9.2018 as you was censured in the last three year of reviweing period. In this regard company is quoting their circular which states that stagnation increment will be deferred if the employee awarded punishment of censure during reviews period of 3 years. I have heard that censure currency is for 1 year and my increment is due after 1 1/2 year after. Please let me know whether employer can withheld my stagnation increment in the situation explained above. If they had stopped the stagnation increment what are the options available to me to safeguard my interest. Please quote the latest high Court/ Supreme court judgement which be favourable to me.

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Sudhir Kumar, Advocate (Expert) 09 September 2017
censure is one penalty and stoppage of increment is another. You cannot be given effect of another penalty when only censure is there.

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NARESH KUMAR CHOPRA (Querist) 09 September 2017
Please quote some govt.ruling or court judgement so that i can take up the matter.

NARESH KUMAR CHOPRA (Querist) 09 September 2017
What is the currency Censure penalty as per central government rules. Whether censure penalty has any effect for senction of stagnation increment which is due once in 3 years.

NARESH KUMAR CHOPRA (Querist) 11 September 2017
Expert please reply my questiion dated 8.9.17. What should i do now to save my stagnation increment

P. Venu (Expert) 11 September 2017
The issue is better taken up with your Trade Union.

Guest (Expert) 11 September 2017
How do you propose to use any court judgment, when your organization is not bound to abide by any such court judgment delivered in some other person's case?

Sudhir Kumar, Advocate (Expert) 12 September 2017
no court judgement can be quoted. Stagnation increment is the normal operation of law and is not hindered by censure. There is no rule in favour of stand of the deptt.

It is not clear whether you approached deptt in writing or whether the replied in wring or whether you have met higher officers.

NARESH KUMAR CHOPRA (Querist) 12 September 2017
Sir, I have approached the department in writing and met higher officials also. Employer had given me in writing that your stagnation increment due has been deffered by 1 full year. Employer has informed me that in staff rules it is clearly mentioned that when employee is awarded punishment of censure his stagnation increment will be deferred by 1 year. Further employer has also stating that Stagnation increment is not right of the emoloyee. It is only mercy of the employer to release the stagnation increment. Employer is saying annual increment is right of the emoloyee but not stagnation increment. Please quote some rulling to counter such type of rules.

Rajendra K Goyal (Expert) 12 September 2017
Agree with the expert Sudhir Kumar.

You can refer the departmental rules.

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