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Deferment of stagnation increment on penalty censure

(Querist) 11 May 2019 This query is : Resolved 
My last stagnation increment paid me in 9.2014. Stagnation increment is paid once in 3 years.I was awarded penalty censure on 31.3.2016. Employer has deferred my increment by 1 year from 9.2107 to 9.2018 citing penalty of censure was awarded during review period. Rules are " SUBJECT TO WORK RECORD FOUND SATISFACTORY"
CURRENCY PERIOD OF CENSURE NOT MENTIONED IN RULES. Please guide whether granting of censure during review period lead to work record not satisfactory. Their are circular of 2001issued by the employer through which they have deferred the stagnation increment. Please also guide keeping in view rules mention my stagnation increment can be deferred? Whether It will be fruitful to approach High court. What be the base to fight in High Court. Provide the high court judgement which I can quote to employer.
Isaac Gabriel (Expert) 11 May 2019
You will get your next increment ie stagnation postponed to 2/2019 when the currency of punishmnt expires.
P. Venu (Expert) 12 May 2019
Please furnish the pay particulars.
NARESH KUMAR CHOPRA (Querist) 13 May 2019
My basic pay as 9.14 was 50750. Increment of Rs. 1500 due 9.17 was deferred to 9.18. My Confidential reports are excellent during review period of 3 years. I have got appreciation letters during 3 years. I have won cash's prizes of competition during 3 years. Now when incrementa due employer is saying as you were censure during 3 years, your increment will be deferred by one year. Please guide whether it will be fruitful to file case in high court or not
NARESH KUMAR CHOPRA (Querist) 13 May 2019
My basic pay as 9.14 was 50750. Increment of Rs. 1500 due 9.17 was deferred to 9.18. My Confidential reports are excellent during review period of 3 years. I have got appreciation letters during 3 years. I have won cash's prizes of competition during 3 years. Now when incrementa due employer is saying as you were censure during 3 years, your increment will be deferred by one year. Please guide whether it will be fruitful to file case in high court or not
krishna mohan (Expert) 15 May 2019
Normally censure will have no effect on postponing increment. From the reading of facts given it is understood that your one increment is stopped without cumulative effect. You can approach authorities based on order already issued and request for resumption as per order given. Failing which you can approach the concerned tribunal.
P. Venu (Expert) 16 May 2019
You are rationing the facts. Where you are working? Are you a public servant? It is impossible to offer any meaningful suggestion unless you are willing to share the relevant facts.
NARESH KUMAR CHOPRA (Querist) 16 May 2019
Sir, I am working in public sector insurance company. Our service rules are notified by Govt. Of India through Gazette notification
NARESH KUMAR CHOPRA (Querist) 25 May 2019
Experts please, guide
Sudhir Kumar, Advocate Online (Expert) 04 July 2019
given facts indicate that the plea of deptt is wrong.


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