Seniority
SUDHIR DHAKA
(Querist) 22 September 2011
This query is : Resolved
I was acquitted in a criminal case and my department told me that I will be paid all my pay and allowances for the period of suspension. But, in next para Iwas told that no any allowance will be given including that of promotions for the said period of suspension. But, after continuous writing by me to the deptt., they issued promotion order but not in the fitted category which was due to me. My juniors are working now in the higher grades than me. Now, I have put a case in delhi high court seeking all pay and arrears including that of seniority.
I just want to know whether I will be paid all my pay and allowances along with seniority also or not. During suspension, I have also marked my attendance daily in the register also which is against the rules but the corporation told me to do so in writing.
Guest
(Expert) 22 September 2011
Dear Sudhir,
The question arises, how your suspension period has been treated by the discipliary authority by issuing of the revokation order of suspension?
Had you attached copy of the same along with your query, a proper solution could have been possible for the experts to suggest you.
M/s. Y-not legal services
(Expert) 22 September 2011
Any suspension order issued to your hand? I mean if suspension order issued mean how can you mark your attendance register?
Advocate. Arunagiri
(Expert) 22 September 2011
As per the SC decisions, the suspended employee is eligible for promotion even when they are under suspension, the promotion order will be kept under a sealed cover. The sealed cover can be opened and will given effect only after the suspension is revoked.
Once the suspension is revoked, the employee is entitled for all back wage, including the promotion, as if that employee is in continuous employment.
Chanchal Nag Chowdhury
(Expert) 22 September 2011
Since U have already filed a case, wait for the result. It should go in your favour unless U have been given a qualified reprieve.
Biswanath Roy
(Expert) 22 September 2011
When the suspension was revoked you are lawfully entitled to all arrears of payment and usual promotion.
Shailesh Kr. Shah
(Expert) 22 September 2011
I do agree with common opinion of all experts.
Guest
(Expert) 24 September 2011
I agree with one part of the opinion of Shri Arunagiri, i.e., on keeping recommendation of the DPC in a sealed cover.
But, even in a sealed cover case, it is not given effect after suspension is over pending finalisation of the disciplinary case. The same is given effect only after the disciplinary case is finalised in favour of the charged officer that too if the recommendation of DPC is in favour of the employee.
In fact suspension can be revoked any time after review, even if disciplinary case still continues.
I may disagree with the opinion that all back wages and promotion is given after suspension is revoked.
In fact, rules clearly provide that when suspension is revoked, the Disciplinary Authority has to give specific orders about the suspension period, whether the same will be treated as duty for all purposes or would be treated as leave due of the employee. About pay also, the Disciplinary Authority has also to make a specific order whether all the due pay benefits would be restored or the pay of the employee would be restricted to what he had received as subsistance allowance depending upon the delay, if any, in finalisation of the disciplinary proceedings attributable on the part of the employee or other valid reasons to be recorded in writing.
These were the factors for raising my query on 22nd September to the querist. But the quesrist has not yet responded on that issue.
