Denial of increment

Querist : Anonymous (Querist) 22 February 2011 This query is : Resolved
A woman working in postal department denied her increment along with the person against whom she made a complaint? whether they have the right to do so ? what remedy she have?

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Guest (Expert) 22 February 2011
Withholding of increment can be done only through Departmental disciplinary proceedings. was there any such proceedings?

Kirti Kar Tripathi (Expert) 22 February 2011
I agree with Mr. Siva. Withholding of increment amount to punishment under the service law and the same can not be order unless Departmental disciplinary proceedings are not conducted and the employee is not held guilty. If the same is done without adopting any procedure, you may seek mandamus from high court commanding the employer to release increment and if it is by way of punishment, the punishment order can be challenged on the basis of its illegality.

Advocate. Arunagiri (Expert) 23 February 2011
On what grounds the increment was with held. Is there any departmental inquiry is pending?

s.subramanian (Expert) 23 February 2011
If the increment is withheld as a measure of punioshment,then you have to approach the CAT for remedy.

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