Pay fixation and continuity on reinstatement
Querist :
Anonymous
(Querist) 01 April 2018
This query is : Resolved
Sir,
My friend, a bank officer, got reinstated after almost five years of dismissal as the honourable high court quashed the dismissal for conducting enquiry in contravention of guidelines and ordered 'reinstatement without backwages'. Now, I would like to ask respectable experts, will he get continuity of service and how his pay will be fixed and whether he will get notional increments and promotions?
Providing a reference to latest judgement of honourable apex court will be a great help.
Regards.
Guest
(Expert) 02 April 2018
If no back wages allowed by the court, question of earning recurring yearly increments on notional basis would not arise, particularly, when so such relief granted in specific through the court judgment. His pay would be fixed at the same stage from which he was dismissed. He would earn next increment in the scale of his pay after completion of period of one year on that stage of the basic pay.
Querist :
Anonymous
(Querist) 02 April 2018
Thanks sir. Now I would like to know how the gap period, ie from date of dismissal and reinstatement, will be treated, will it rank as qualifying service for pension and gratuity? Regards.
Querist :
Anonymous
(Querist) 02 April 2018
Sir, will there be continuity of service.
P. Venu
(Expert) 02 April 2018
Does the decision of the High Court contain any direction as to regulating the increments during the period?
Dr J C Vashista
(Expert) 04 April 2018
If you are seeking obligation from experts FREE OF COST you are required to disclose your identity as per rules of this platform.
No reply for an "anonymous" author.
Sudhir Kumar, Advocate
(Expert) 02 April 2018
