release of increment/fixing notch
Prof.Ranganathan Aiyar
(Querist) 01 January 2010
This query is : Resolved
When does the increment fall due in case of an employee whose probation was extended for 'under performance' and subsequent declaration of probation?
Ranganathan
H. S. Thukral
(Expert) 01 January 2010
Terms of appointment prevail.
Raj Kumar Makkad
(Expert) 01 January 2010
No change shall take place in the given matter as the probation has only been extended and no change qua the service condition has taken place.
Prof.Ranganathan Aiyar
(Querist) 01 January 2010
Mr.Makkad...any citation on this...law is silent...common law is also silent....it is generally felt that 'extension' of probation itself is a ground for 'change in service conditions'....i have referred almost all the citations but could not find one....second....is increment an element of 'virtue' or 'matter of allowance'?
regards
H. S. Thukral
(Expert) 02 January 2010
In my opinion if rules are silent about it then the annual increment shall be due. Extending period of probation is one thing but stopping increment tentamounts to punishment. In calculating the Gratuity the probation period is included in the number of years of service rendered by the employee and logically therefore an employee is entitiled to increment during the probation period.
