Suspension revoked but increment not given, though my service period exceded 15 months.
Nilesh Koli
(Querist) 21 October 2015
This query is : Resolved
Respected Sir/Madam,
I work in BHEL, I was suspended on 21.06.2014 and revoked on 01.06.2015. Currently Iam getting the same Basic Salary, as was getting in July’13. Till now I haven’t got any increment on my basic salary. I got last increment on July’13, after that I was on duty for 11 months upto 21.06.2014. After suspension, I was revoked on 01.06.2015. My 12 months of duty was completed on 30.6.2015. I didn’t get any increment on 01.07.2015. Infact, I haven’t received any increment till now. Chargesheet was given after my revocation, i.e., on 29.07.2015 and the inquiry is going on. What should I do to get my increment as my service excluding suspension period is more than 15 months as on today.Is their any judgement/verdict by the honorable court which can help me. Pls help me.
Isaac Gabriel
(Expert) 21 October 2015
Suspension period should be decided forst before sanctioning increment.Perhaps, it could be decided alongwith the disciplinary action.
Guest
(Expert) 21 October 2015
Suspension tends to postpone increment until treated as duty period after decision of the competent authority in disciplinary case of the employee.
By the way, what will you do with any judgment if you are not aware of even the basic rules of suspension and its treatment?
Rajendra K Goyal
(Expert) 21 October 2015
The matter may be decided after the conclusion of the disciplinary proceedings.
Judgements / citation not provided.
Nilesh Koli
(Querist) 21 October 2015
Thanks Sudhir Kumar sir., I will move a letter for regularization of suspension through proper channel. Or there is some other way for regularization of suspension.
Also sir, as per your comment in some other case I came to know that, If the period of suspension is ordered as duty then increment will be from original date or else one year including the period between last increment and suspension. In my case excluding suspension period, the service period is more than 15 months. What should I do.
Nilesh Koli
(Querist) 21 October 2015
Thanks Isaac Gabriel Sir,PS Dhingra Sir, Rajendra K Goyal Sir for your valuable comments.
Guest
(Expert) 21 October 2015
Send your application through proper channel only.
Sudhir Kumar, Advocate
(Expert) 21 October 2015
since you have not completed 1 year of qualifying service between 1.1.13 and 1.1.15, you may draw next increment form 1.1.16.
Kumar Doab
(Expert) 21 October 2015
Agreed with experts.
Nilesh Koli
(Querist) 23 October 2015
Ok. thanks for your valuable suggestion PS Dhingra Sir, Sudhir Kumar sir and Kumar Doab Sir.
Sir, Could you explain the term qualifying service. As in our firm increment is done on 1st of july. I was suspended just 9 days before my increment(21.06.14) and after revocation (01.06.15), my service of one year completed on 30.06.15.
Is this not a qualifying period of service , or shall I have to wait till 01.06.16 for my increment.
Isaac Gabriel
(Expert) 23 October 2015
Service without beak could earn regular increment.In your case, you can draw increment in future only if the suspension period is regularised as duty or eligible leave.No representation of any kind will be futile without deciding the suspension period
See the service rules and update yourself.
Sudhir Kumar, Advocate
(Expert) 24 October 2015
"qualifying service"
increment on 1st July will be there if there is one year of qualifying service
qualifying service, is the service for which you have been paid salary (not subsistence allowance) or EOL with on Medical ground.
Sudhir Kumar, Advocate
(Expert) 24 October 2015
Agreeing with Mr Gabriel I would add that if te uension is regularsed as leave then if you have that much leave on credit then you will get paid leave salary, otherwise unpaid leave will be excluded from qualifying service.
Nilesh Koli
(Querist) 24 October 2015
ok sir, thanks for valuable suggestions. Thanks Isaac Gabriel sir. Thanks Sudhir Kumar Sir.
It means that I have to wait till one year from 01.06.2015 to get my increment.
Though I had completed one year of service from 01.07.2013 to 01.06.2015 (including suspension period of 11 months), I wont be eligible for increment as it wasn't qualifying service.
Sudhir Kumar, Advocate
(Expert) 24 October 2015
you last increment was on 1.7.13 after that you completed more than 12 months of qualifying service till 1.7.15.
You are entitled for increment and which can be later revised in case the period of suspension is decided in you r.
Please check if your HR ius under misconception that no increment is due till finalisation of the case.
Nilesh Koli
(Querist) 24 October 2015
ok. Sudhir Kumar Sir. I will do that. I will take up this with my HR.
Thanks a lot for your suggestion, Thank you.
