Nikil Balagavi 30 December 2022

withholding 5 annual increment with cumulative effect

In departmental enquiry punishment was complsary retirement and appled in KAT in 2016. KAT upheld complsary retirement and appled high court, highcourt reduced punishment withholding 5 increment with cumulative effect in 2021,then my batch mates got pramotion in 2019, can I get pramotion on 2019?

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Dr J C Vashista (Advocate) 30 December 2022

The High Court is stated to have reduced the punishment to 5 increments with cumulative effect which do not affect promotion in your turn.

It would be better to seek opinion and advise of your lawyer who has successfully sailed you through KAT as well as High Court and obtained favourable orders. Your lawyer is an able, competent, intelligent enough and duty bound to advise and satisfy your queries.

Best wishes for the coming New Georgian year-2023

Sudhir Kumar, Advocate (Advocate) 30 December 2022

You cannot be promoted as long as inrements are with hled

You have not stated whether high court order is in 2021 or the effect of reduced penalty starts in 2021.

In case the reduced penlty has an effect from 2016 the then you can be promoted when increments are released.

In case reduced penalty is effctive from 2021 then can be promoted in 2027.

In either case the promotion of juniors shall have no relevance and you will not be able to get the seniority above them .

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Nikil Balagavi 30 December 2022

But my retirement on August 2023 sir

kavksatyanarayana (subregistrar/supdt.(retired)) 30 December 2022

If five increments punishment period will complete before 2023, you may get a promotion subject to the condition that there are vacancies in the promotion post.

Dr J C Vashista (Advocate) 31 December 2022

Please correct me if I am wrong , promotion and increment are governed by different provisions, which has no correlation..

. No.6/3/2013-Estt (Pay-I)

Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training

North BIock, New Delhi Dated the e 'February, 2014

OFFICE MEMORANDUM

' Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965.

The undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:

11. Penalties

Minor Penalties -

(iii a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.

(iv) withholding of increments of pay;

Major Penalties -

(v) save as provided for in clause (iii) (a), reduction to a lower stage in the timescale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction Will or will not have the effect of postponing the future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -

(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and

(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;

Accordingly your case for promotion can not be withheld