Probation and denial of increment in same grade pay after technical resignation
RITESH RANJAN
(Querist) 03 May 2014
This query is : Resolved
Respected Experts, Follows my case... Kindly guide and help me...
GRANT OF DUE INCREMENTS AND CLOSURE OF PROBATION
It is to request your empathetic consideration on the subject cited above. The brief of relevant facts and circumstances are placed hereby for your kind perusal:
1) I joined Govt. of India service on 30th January, 2004 at the Integrated Test Range, DRDO, Ministry of Defence as Assitant (Hindi) in the Pay Scale of 5000 - 150 - 8000 /-. There, I completed my probation period of two years as was prescribed in my offer of appointment. Then after, the Competent Authority therein closed my probation and confirmed my services in 2007 with retrospective effect. (It was civilian post governed by rules applicable on the Central Govt. employees alike mine present post.)(Copy enclosed)
2) In the year 2006, I applied for the post of Junior Hindi Translator in my present Deptt. of Atomic Energy through Proper Channel which carried the Pay Scale of 5500 - 175 - 9000 /- as then advertised. There, I got selected and joined my present work place on 25th January, 2010.
3) At my previous workplace I was placed in PB-2 with G.P. 4,200 /- by virtue of 6th Pay Commission and on the date of my relieve in consequent to Technical Resignation from there i.e.,12th January, 2010 my Pay in the Pay Band was 11,650 /- and G.P. was 4200 /-.
4) It is admitted that the Offer of Appointment from my present Deptt. included a provision of 01 (ONE) year PROBATION and nature of my service as TEMPORARY.
Regarding the same, in my application addressed to my present Deptt. I sought some clarity regarding PAY PROTECTION and LIEN with concerns of my service security. In response to the same, they answered “in order to avail past service benefits, I must submit TECHNICAL RESIGNATION and then join” which I adhered to.
5) But, to my utter surprise on JULY, 2010, I was not given any increment. When I sought clarification regarding the same, I was told that my PROBATIONARY PERIOD has not been closed as it is in RULES that A PERSONNEL UNDER PROBATION WILL NOT BE PROVIDED INCREMENT.
6) Here a noteworthy fact is that, even while under PROBATION in my Previous Deptt. (DRDO/Min of Defence, Govt. of India) I was given increment in January, 2005 under then prevalent Increment conditions (decided by the month of Joining).
7) In the meantime, due to some unfortunate happenings my wife deserted me in JUNE, 2009. After many futile attempts of reunion, I filed a DIVORCE CASE U/s - 13 of the Hindus Marriage Act, 1955 against her in the month of JULY, 2009. In an immediate counter blast, I along with my family members was roped in a 498 A case (Dowry Harassment) and the Cr.P.C. 125 (Interim Maintenance) by my wife in the month of AUGUST, 2009 & OCTOBER, 2009 respectively. Afterwards, she even wrote a letter to the Head of my previous Deptt. regarding the cases upon which I submitted my humble written clarification when my previous office asked me to.
8) Before your learned self, I submit that after getting information that I along with my old parents and unmarried sisters have been named in a 498 A case, I started to run from post to pillar for getting relief in form of Anticipatory Bail. (Till then the Hon’ble Court hadn’t taken COGNIZANCE upon the same and the case was in enquiry status).
9) In the month of April, 2010 only the Hon’ble Court took Cognizance after
which I fell under tremendous mental, physical and economical pressure of saving my Parents’ dignity and future of my siblings. After ultra-minute hardship, by the Grace of God, I along with my family members was granted Anticipatory Bail by the Hon’ble High Court of Judicature at Patna in the month of August, 2010 (for my parents) & December, 2010 (for self).
10) In between, somewhere during the month of October, 2010 my wife wrote on other letter to my present Head of the Office regarding the cases. After that, I again submitted my humble clarification when asked to, with a prayer to not take any coercive action against me till the Hon’ble Court’s order.
11) That, during this whole period from the 25th January, 2010 (my date of joining the present Deptt.) to APRIL,2012 I had not been issued any letter mentioning EXTENSION OF MY PROBATION PERIOD, INITIATION OF DISCIPLINARY ACTION, IMPOSITION OF PENALTY etc. by my office. Though, after that on duration of each 06 months, I use to receive an intimation regarding extension of my Probationary period.
12) That, all the cases are still pending about which I am sincerely working towards to be eliminated through my learned lawyers. But, it is sure it will take its own time as you are well aware that the Hon’ble Judiciary is heavily loaded.
13) Sir, till today I am deprived of my Increments, Performance Related Incentive and even Computer Advance. This tantamount as a penalty even before verdict of the Hon’ble Judiciary holds me guilty.
Thanking you, for your valuable time,
Yours faithfully,
(RITESH RANJAN)
RITESH RANJAN
(Querist) 06 May 2014
Respected Sudhir Sir, Please Guide,if you have gone through all the facts and circumstances.
Thanking you,
Ritesh Ranjan
Sudhir Kumar, Advocate
(Expert) 11 May 2014
no I have no time for reading all this.
all I know is that you joined another post in same GP after technical resignation and denial of increment is unjustified. file appeal under rule 23(iv) of CCS(CC&A) Rules.
consult nearest available expert of service law.
