Increment disputes
naseeb kumar
(Querist) 01 May 2014
This query is : Resolved
Sir,
I am working with district court, Delhi. I have joined the office in 2009 as an L.D.C.. Now in 2014 I have selected as stenographer in the same office/department in a open competitive exam. I have applied for the stenographer post through proper channel. I have joined my duties as stenographer in April, 2014.
After joining in April, 2014 the accounts officer told me that you will not get the Annual increment due on 1st July, 2014 because you are not completing 6 months service from 1st January, 2014 to 1st July, 2014 in one cadre, neither as a L.D.C. nor as a stenographer. Therefore, you will not get the Annual increment on 1st July, 2014. When I asked accounts officer that whether I can submit the Option form for the increment. He told me that Option from cannot be given in Cadre change case. It can only be given when promoted in the same cadre and your cadre has been changed.
But I am a candidate from the same department and I applied through proper channel. I have also intimate the office through a letter for considering me through proper channel. There is no service break. I should get an increment for the year 2014.
Therefore, all experts are requested to kindly provide/ suggest me any law/service rule for getting increment for the year 2014.
Thanks and regards
Naseeb Kumar
Sankaranarayanan
(Expert) 01 May 2014
It is the internal matter. without knowing the full details we can not given proper suggestion. you approach the superior
P. Venu
(Expert) 02 May 2014
You have joined the new post on direct appointment, not on promotion after technically resigning from the earlier post. Hence you need to wait till July, 2015 for the increment.
Guest
(Expert) 02 May 2014
Your direct line of promotion with normal channels of promotion was from LDC to UDC cadre on due turn, not stenographer on fresh selection.
Options of pay fixation on promotion is available in normal promotion cases from one cadre to another cadre in direct line of promotion when eligible on due turn on the basis of seniority cum fitness, but not on direct selection for some higher post. The facility of pay protection and benefits of past service is just to ensure that the candidate may not remain in disadvantage to be placed on the minimum basic pay of the new post on account of new selection which may tend to be less than what he was already drawing on the old post.
So, the contention of your Accounts Officer is correct.
T. Kalaiselvan, Advocate
(Expert) 05 May 2014
Expert Mr. Dhingra has given some valuable opinion to your case, in case you are still not satisfied clarify the issue through some service law practising lawyers in your locality and get clarified.
