Promotion in case of minor penalty (withheld of 2 year increment)

when the promotion accrued from the date when there was no penalty it will operate from that date.  In case notinal increment sof pay have been given from that date then the notional increments will accrue for 2013 &14.  The penalty will operate in new scale.

please clarifiy whether you are given actual/notinal backwages.

Thanks for the reply. Sorry i didn't get the last line "actual/notinal backwages". As per the non-official communication i have received, i have been given the promotion on 2013. Right now without monetary benifits. Is there any case which i can show to my office like mine or any rule to prove my case to management???

Read more at: https://www.lawyersclubindia.com/forum/Promotion-in-case-of-minor-penalty-withheld-of-2-year-increment--147408.asp

Dear Amit,

You have not mentioned the date of issue of charge sheet. Promotion from back date, if recommended by the DPC, depends upon the date of issue of the charge sheet. If on the specified date of promotion, as recommended by the DPC there existed no charge sheet, you can be made eligible for promotion from back date, as there was no vigilabnce would have been pending on that date.

I have given chargesheet on 27-10-2014 and order of minor penalty was given on 01-12-2014. And most probaly (as no offical confirmation has given to me)  DPC recommended for backdated promotion from JAN 2013.

How can i procced further??

As there was no vigilance case pending before 27.10.2014, you are eligibale for promotion from January 2013. Effective representation is necessary to be made that may contain appropriate ruling on the issue to get the appointing authority convinced for your promotion.

"As per the non-official communication i have received, i have been given the promotion on 2013."

"And most probaly (as no offical confirmation has given to me) DPC recommended for backdated promotion from JAN 2013."

Promotion in case of minor penalty of reduction of one increment and with holding of one increment. 

Sir, I am a central government employee. A penalty of with holding of one increment upto date 15.01.2024 is imposed on me.I had a break in service of 23 months from 24.01.2021 to 17.11.2022.But,my promotion was due from 01.07.2020 but I didn't attend interview at that time (which was conducted during my service break period but my name was there to attend interview and because of that, it's considered as deferred for promo at that time). Now, I am eligible for promotion atleast from 01.07.2023 but my name is not screened for interview saying that last four year APAR gradings are not available for me.

But, I am satisfying the basic requirement of promotion   i.e minimum residency period of 5 years. I  having 6 years residency period (excluding service break) 

I was last promoted on 01.07.2015 and I am having 2016,2017,2018,2019,2020,2023 APARs which have 'Very good' grading. 

Please tell me am I eligible to attend interview and promotion (if passed in interview) wef 01.07.2023

or I have to wait for another 5 years for promotion eligibility?

In your case the notional increments befor ethe commencement of penalty can be insistered (atleast appearing from facts given by you).

Sir..Please contact me @vikram_gieteee@yahoo.co.in

Please send me personal mail in my profile page.

Mr. Vikram

Please post the facts/query in a fresh thread.

You can contact any advocate either from this forum or outside and get a proper legal opinion and suggestions in this regard for all such future issues.