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RITESH RANJAN (Translator)     27 October 2013

Undue harrassment in service

INCREMENT DURING PROBATION

 

Respected Madam/s & Sir/s,

With much hope, I humbly pray for clarification on the subject cited above. The brief of facts and circumstances for your kind perusal is appended below:

 

1)      I joined Govt. of India service on 30th January, 2004 at the Integrated Test Range, DRDO, Ministry of Defence as Assitant (Hindi) in the Pay Scale of Descripttion: New-Rupee-Symbol-209x300 5000 - 150 - 8000 /-. There I completed my probation period of two years as was prescribed in my offer of appointment. Then after, the Competent Authority therein closed my probation and confirmed my services on with retrospective effect.

 

2)      In the year 2006, I applied for the post of Junior Hindi Translator in my present Deptt. of Atomic Energy through Proper Channel which carried the Pay Scale of Descripttion: New-Rupee-Symbol-209x300 5500 - 175 - 9000 /- as then advertised. There, I got selected and the offer of appointment was served to me on                          which, I accepted and joined my present work place on 25th January, 2010.

 

3)      At my previous workplace I was placed in PB-2 with G.P. Descripttion: New-Rupee-Symbol-209x300 4,200 /- by virtue of 6th Pay Commission and on the date of my relieve in consequent to Technical Resignation from there i.e.,12th January, 2010 my Pay in the Pay Band was Descripttion: New-Rupee-Symbol-209x300 11,650 /- and G.P. was Descripttion: New-Rupee-Symbol-209x300 4200 /-.

 

4)      It is admitted that the Offer of Appointment from my present Deptt. included a provision of 01 (ONE) year PROBATION and nature of my service as TEMPORARY.

Regarding the same, in my application addressed to my present Deptt. I sought some clarity regarding PAY PROTECTION and LIEN with concerns of my service security. In response to the same, they answered “in order to avail past service benefits, I must submit TECHNICAL RESIGNATION and then join” which I adhered to.

 

5)      But, to my utter surprise on JULY, 2010  I was not given any increment. When I sought clarification regarding the same, I was told that my PROBATIONARY PERIOD has not been closed as it is in RULES that A PERSONNEL UNDER PROBATION WILL NOT BE PROVIDED INCREMENT. 

 

6)      Here a noteworthy fact is that, in my Previous Deptt. (DRDO/Min of Defence) I was given increment in January, 2005 under then prevalent Increment conditions.

 

7)      In the meantime, due to some unfortunate happenings my wife deserted me in  JUNE, 2009. After many futile attempts of reunion, I filed a DIVORCE CASE U/s - 13 of the Hindus Marriage Act, 1955 against her in the month of JULY, 2009. In an immediate counter blast, I along with my family members was roped in a 498 A case (Dowry Harassment) and the Cr.P.C. 125 (Interim Maintenance) by my wife in the month of AUGUST, 2009 & OCTOBER, 2009 respectively. Afterwards, she even wrote a letter to the Head of my previous Deptt. regarding the cases upon which I submitted my humble written clarification when my previous office asked me to.

 

8)      Before your Learned and empathetic self, I submit that after getting information that I along with my old parents and unmarried sisters have been named in a 498 A case, I started to run from post to pillar for getting relief in form of Anticipatory Bail. (Till then the Hon’ble Court hadn’t taken COGNIZANCE upon the same and the case was in enquiry status).

 

9)      In the month of April, 2010 only the Hon’ble Court took Cognizance after

which I fell under tremendous mental, physical and economical pressure of saving my Parents’ dignity and future of my sisters. After ultra-minute hardship, by the Grace of God, I along with my family members was granted Anticipatory Bail by the Hon’ble High Court of Judicature at Patna in the month of August, 2010 (for my parents) & December, 2010 (for self).

 

10)    In between, somewhere during the month of October, 2010 my wife wrote on other letter to my present Head of the Office regarding the cases. After that, I again submitted my humble clarification when asked to, with a prayer to not take any coercive action against me till the Hon’ble Court’s order.

 

11)    That, during this whole period from the 25th January, 2010 (my date of joining the present Deptt.) to till date, I have not been issued any letter mentioning EXTENSION OF MY PROBATION PERIOD,  INITIATION OF DISCIPLINARY ACTION, IMPOSITION OF PENALTY etc. by my office.

 

12)  Respected Sir/Madam, till today I have been kept deprived of my annual Increments, Performance Related Incentive and any Advance other than Festival Advance.

 

REQUEST

a)      Please clarify, whether it was right to keep me under Probation as I was already Confirmed in the same Grade Pay of Descripttion: New-Rupee-Symbol-209x300 4,200/- by my previous office and both my previous and present posts carry same job profile and responsibilities. Can I get my increments ?

 

b)      Please clarify, whether it is right to not grant me Increments.

c)          What measures can I afford to get justice ?

 

For the act of which kindness, I shall be ever grateful to you.

Thanking you, for your valuable time,

 

Yours faithfully,

Place : Shillong.

Date  : 27th Oct', 2013.

(RITESH RANJAN)



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 1 Replies

Sudhir Kumar, Advocate (Advocate)     27 October 2013

nothing more than what stated in https://www.lawyersclubindia.com/experts/PROBATION-431311.asp

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