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Nikil Balagavi   20 August 2023

annual increment after stay order by administrative tribunal

Sir department initiated enquiry in 2020 then appealed to administrative tribunal and got stay order by administrative tribunal in 2020 then they withhold increments till now since 2021?
Department Can withhold annual increment after stay order by courts on employment issues?


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 11 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 August 2023

You have appealed in Tribunal and it is pending.  So till the final judgment the department can withheld your increments.

Nikil Balagavi   20 August 2023

If it gives punishment can claim increment retrospective effect

kavksatyanarayana (subregistrar/supdt.(retired))     20 August 2023

No.  Not possible.  If orders comes in your favour and no apple is filed by the department, then only you will get the increments.

T. Kalaiselvan, Advocate (Advocate)     21 August 2023

Since the  matter is pending before administrative tribunal, you may have to wait for the decision made by the tribunal.

Any opinion can be rendered only after seeing the judgment/orders passed by the tribunal

Dr. J C Vashista (Advocate )     21 August 2023

Wait for final outcome of the case stated to be pending before CAT.

It is better to contact and consult your lawyer who is well aware about facts and circumstances of the case, an able, completent and intelligent enough to satisfy your questions which are prima facie  vague and not very clear for consideration and obligation of experts on this platform.

Sudhir Kumar, Advocate (Advocate)     22 August 2023

You have given the facts in versy skettchy manner.

Nikil Balagavi   22 August 2023

The allegations made by public department initiated enquiry then appealed to administrative tribunal and got stay order in 2020,the stay order continue till now, so they helduping annual increment since 2021,
They have to maintain the status quo so they are not withhold any benifit like DA increment and pramotion

kavksatyanarayana (subregistrar/supdt.(retired))     22 August 2023

The tribunal stay order needed to be verified and hence consult a local advocate.

Sudhir Kumar, Advocate (Advocate)     23 August 2023

The way you are  expressing the problem is not quite clear.  It appears that department issued chargesheet initiated inquiry and department appealed against own order.

 

please describe properly.

 

You care indicating that :-

  1. There is achargesheet.
  2. therein an inquiry.
  3. there is a litigation (not clear by whom) (not clear for which relief)
  4. there is a stay order (not clear against what action and for how much duration)
  5. increment is stopped. (no clear whether there is any penalty order and on which date)

 

You cannot expect a correct advise fitting the circumstances unless the facts are made clear in a manner that these are understood without leaving scope of imagination.

P. Venu (Advocate)     30 November 2023

Yes, you are sketchy with the facts.

However, the sketchy facts posted reveal that your increments have been withheld consequent to the final orders in a disciplinary proceedings. 

Preently the issue is pending before the Central Administrative Tribunal. What is the OA No.? Which Bench of the CAT? What exactly is the content of the stay granted by the Tribunal?

Sudhir Kumar, Advocate (Advocate)     02 December 2023

why you are not sharing facts.


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