Recovery of salary increments due
Sudha
(Querist) 19 November 2018
This query is : Resolved
I am a state governent of Andhra Pradesh employee recrited as gropup II category by APPSC in 2007. Due to personal reasons i hav taken aEOL during 2009 to 2010 which has all been regularised after a lot of representations and fugting for it. I hav been in continuous sevice since then until 2016. But i hav not been given any increments including my 1st increment which is to be given even without probation declaration. I hav been giving many representations ask8ng for release of my increments and declaration of pronbation to the head of the department as well as directorate. But no action was taken.. i hav servied a notice to the finance department warning them that i will approach the court. Now in 2018 1st increment was given but now the file has been stopped again. My probation declaration and subsequent increments are still due. All my batchmates as well as juniors hv been given their due
Sevice benefits overlooking my seniority. As per rule 18[a) of AP state and suordinate rules, my probation is deemed to be declared if no notice is served to me within one year of the completion of the prescribed probation period i. E 2 years. So far no notice or any cominication given me citing my i elig�bility of probation or any other misconduct or wrongdoing of me. Without any fault of mine why my increments and service benefits are stopped.. there is no communication or answer. Simply the are kept pending since years... but i hav been continuously persuading the authorities personally and also through written representations. I was always told that we will do it no action taken. Orally they keep citing the reason that i hav taken leave in 2008 to 10.
I request for expert advice whether i can get back my dues.
Thank you
Sudha
(Querist) 19 November 2018
Please advise whether i can get my increment dues
KISHAN DUTT KALASKAR
(Expert) 19 November 2018
Dear Sir,
It is better to approach Service Tribunal or Hon’ble High Court to redress your grievance.
Please mark “LIKE” if satisfied by my answer.
H.M.Patnaik
(Expert) 20 November 2018
Dear Querist,
Pl. clarify the following:
1. As stated ,the Probation period is 2 yrs. You have joined in 2007 and went on EOL in 2009. Whether by the date of EOL ,You have completed the period of probation?
2.You have stated that the EOL period has been regularised later,when and whether with any remarks?
3.You have stated that 1st increment was sanctioned in your favour in 2018 and later stopped.Whether any written order of increment was handed over to you and subsequent order for stoppage of increment stating any ground was issued/ recorded?
After hearing from you , your query will be reviwed for proper advice.
Sudha
(Querist) 20 November 2018
Dear sir
I clarify ur points as below :
1. No i hav not completed my probation by the time i went on EOL. It got extended and recenly i got the order from the head of the department a perimit for extention under rule 16 (h). So now the office has to recast my probation period and fix it as per the rule 16 (h) which could go to 2010.
2 yes my EoL period was regularised and no remarks have been assigned.
3 i have received payments for the 1st increment. Though no copy was given to me .. i hav the order no. No order of any stoppage ... but the 2 nd and subsequent increments are to be given after declaration of probation as per rule. But the authorities are not taking any action on declaration of probation and hence rest of the increments held up.
Also i would like to know whether these paymets and benefits are long pending. Upto 2017 i was on duty but they did not do... now i am on leave and the authorities are linking it that v will do it if u join duty. Dont i hav rights to ask for my duty period benefits if i am on leave now?
Dr J C Vashista
(Expert) 21 November 2018
It is presumed (from the statement made by you) you are still under probation, isn't it?
However, whether you were given first increment in the year 2018, if so, did you submit your representation.
Once EOL has been regularised, it is not service break, therefore, you are entitled for consequential benefits.
Some other important points are missing from the post to form proper opinion.
Consult a local prudent lawyer practicing service matters for better appreciation of facts, guidance and proceeding.
H.M.Patnaik
(Expert) 22 November 2018
I completely agree with the Expert view given above,since consultation with an experienced Service dispute lawyer will help you in easing the procedural obstacles and availability of proper advice on the face of records & rules.
