21 February 2010
Mr. A on regular service of the ORNANACE FACTORIES of India, Central Govt employee, was suspended on 12th June 2006 and the suspension was revoked on 27th July 2006 i.e 45 days both dates included.
Punishment : When due the next three increments to be stopped with commulative effect
Question in Law: Increment happened in every year in the month of july,2006
(1) Mr. A was in the suspension period when the increment was due in 2006, therefore there have been no increments in 2006,2007,2008,2009
(2) Is Mr. A eigible for the 6 Central Pay Comission benefit which has the important clause " 6 pay comission benefit of one increment will be given if only regular employment from Jan-july of 2006, however here Mr. A was suspended from June 12th '2006 to July 27th'2006, is the suspension period amount to the service regarded as regular sservice.
21 February 2010
(1) his increment for the period 2007,2008 and 2008 only because if his increment falls in the month of june then he has already been granted increment for the year 2006.
(2) Mr. A is eligible for pay fixation in usual terms as provided in 6th CPC. all of his increment falls will be conunted as notional to his pay. Suspended employee is also a regular employee of that organisation. suspension means he has been prohibited to work during suspension.
(3) yes his suspension will be regular period of service.
if you write in details regarding inquiry and etc. i will much be able to reply.
18 August 2012
It appears there may not have been any inquiry because the penalty date is very close to suspension date. It appears he has admitted the charge.
Under recent orders of DOPT all those persons whose increment fell between Feb to Jun 2006 will get their increment on due dae and addtional increment on 1.7.2006. In his cae there has to bean order of competent authroity for regularisation of suspension. Thereafter he can get increment on 1.7.2007.