Refusal of promotion and restoration of stagnation increment
m r anand
(Querist) 20 October 2015
This query is : Resolved
I am a retired bank officer.I had been given my second and erstwhile final stagnation increment in December 2006 in JMG Scale I.
In June 2007 I was offered promotion to MMG Scale II and was posted at KubrePathera (UP). I had not joined the said branch and forfeited my promotion. As a result of my having not taken up the promotion, I was debarred from participating in the promotion exercise that took place in 2008
In December 2009 I was allowed to participate in promotional exercise in which I was not given
promotion.
In April 2010 the ninth Wage Settlement was signed. In the said settlement it was agreed that two more additional stagnation increments would be given in JMG Scale I.
I became eligible for the first of these two additional stagnation increments with effect from December 2009. But bank has denied me this stagnation increment stating that as per staff circular No 2830 dated 25.4.2007 an officer who refuses promotion when offered shall stand to forfeit movement to next higher scale as also stagnation increment provided for, at the top of scale.
Shall I get two of stagnation increments introduced three years after I refused promotion on any of the following grounds
1. I refused promotion in 2007. The two additional stagnation increments which were introduced only in March 2010 cannot be denied to me because I refused promotion in 2007 when these two additional increments were not in existence. Had these two increments existed then I would not have decided to refuse promotion.
2. For refusing promotion they also debarred me from participating in promotion exercise for one year. Why there should be two punishments for one crime. debarment for one year and denial of stagnation increments. Also these two punishments were contradictory. On one hand they debar the employee from participating in promotion process for one year. On the other they say the stagnation increments which are withheld will be given when the employee accept promotion.
3.Subsequent to my refusal of promotion in2007, I participated in promotion exercise twice without
success. This way also I become eligible for the first of two additional stagnation increment from April 13,2010, the date of result of December 2009 promotion exercise and second of the additional stagnation increment from April 2013.
Please let me know if my contention is right and I have a fair chance of winning if take the matter to a court of law
M R Anand
Retired officer
Punjab and sind bank
chennai
Isaac Gabriel
(Expert) 20 October 2015
Without verifying the rules no fruitful advise could be given.However, since you are retired, you can try your chance through court of law.
Sudhir Kumar, Advocate
(Expert) 21 October 2015
without mixing the facts come to problem why promotion is denied.
Rajendra K Goyal
(Expert) 21 October 2015
The circular need to be referred.
Discuss in detail with experienced officers association representative preferably retired from SBI.
In case of need move to court.
Meanwhile lodge your claim to bank through Registered letter.
Rajendra K Goyal
(Expert) 21 October 2015
However, the said wage settlement was effective from 01.11.2007 and on that date you had refused the promotion and refusal was effective. Under the circumstances, you had no extra stagnation increment entitlement on the effective date of wage settlement.
