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Nikil Balagavi   18 October 2023

pramotion

in 2016 in departmental enquiry made compulsory retirement then i appealed to KAT in 2016 then KAT also upheld compulsory retirement in 2020 then i appealed to High court in 2020,then in high court final judgment in 2021, modified the punishment in to withholding 3 annual increment with cumulative effect
my batchmates got pramotion in 2019 so can i get pramotion with retrospective effects, if yes pls suggest any judgement regarding this


Learning

 16 Replies

T. Kalaiselvan, Advocate (Advocate)     18 October 2023

If high court has not specifically made any mention about your promotion then you may not be eligible to claim ante date promotion 

However you can approach your advocate to obtain/procure the judgment suiting to your situation

kavksatyanarayana (subregistrar/supdt.(retired))     18 October 2023

When there is a punishment of stoppage of 3 annual increments (by HC) then how do they consider you for promotion as there is a punishment under process?

Nikil Balagavi   18 October 2023

also service not discontinued, and i got interim relief at all the stage

kavksatyanarayana (subregistrar/supdt.(retired))     18 October 2023

Stop of increments is a punishment and not fit for promotion.

Nikil Balagavi   18 October 2023

punishment effects from 2021 but asking pramotion retrospective effect,that is 2019 to 2021

Sudhir Kumar, Advocate (Advocate)     19 October 2023

Parially agree/disagreeing with above viw, I express as under:-

As described by you the penalty has been modified. 

Logically the penalty will take effect from the date from which compulsory retirement was there. (unlss contrary is provided in High COurt order which is not before this forum) 

You should expect promotion after completion of penalty period (probably in 2020 or 2021)

 

However as you weere not in service at the time of DPC, you may not have to be considered fro promotion.  Now due to renstantement you are back in serivce and back in senioiryt list at the same place from where you were deleted.  In that case it is a fit case of review DPC as the composition of the seniority list considered by DPC has changed.

 

More considered views can be expressed on perusal of the High Court order.

H.JanakiManohar Rao (lawyer)     19 October 2023

You can claim notional promotion if your juniors are promoted and you are qualified and eligible for promotion at that crucial period.Punishment is always prospective and not retrospective.You give representation to your head of the department.If they pay deaf ear,file an appeal petetion if not responded file W.P in H.C.

Sudhir Kumar, Advocate (Advocate)     19 October 2023

Not able to fully agree. 

 

Punishment is prospective.  But here prima-facie the punishment existed in 2016 and it has been modified from compulsory retirment to stoppage of increments. So norally the revised pealtyshall take effect form the stage when penalty existed.

 

However, a clear view can be formed after perusal of high court order

Nikil Balagavi   19 October 2023

can i get increments from 2016 to 2021

Sudhir Kumar, Advocate (Advocate)     22 October 2023

not able to give concrete views wihtutu eeing High Court orders.

Nikil Balagavi   22 October 2023

department made compulsory retirement then i appealed to KAT and got stay order in KAT in 2016 which heldup compulsory retirement in 2021 then got stay order at high court injune 2021 which modify the punishment into withholding 3 annuval increment with cumulative effect
so ican get annual increment ftrom 2017 to 2021,because got stay order in 2016

Sudhir Kumar, Advocate (Advocate)     23 October 2023

given facts indicate the the revised penalty may operate from 2016.

 

You have not indicated date of penalty and date of next increment so it is not ppossible to judge whether the penalty period will end in 2020 or 2021.

 

The promotion will be held from the date of end of penaltyperiod i,e, the date frm which you  start getting increment.

 

You are not at all sharing :-

  1. date of penalty order
  2. date of increment
  3. High Court order

Therefoere forming of concrete viewis not possible in your case.

P. Venu (Advocate)     23 October 2023

Any definite suggestion needs that following particulars be disclosed -

1. When was the charge-memo (charge sheet) issued?

2. When did the DPC meet?

3. When were your juniors promoted?

4. When was the Final Order issued?

5. When was the Order of compulsory retiremnt implemented?

6. When were you reinstated (taken back) in service in implementation of the directions of the High Court?

Sudhir Kumar, Advocate (Advocate)     24 October 2023

the facts so far disclosed by you do not permit any further views to be expressed.

atleast give case No of High Court order.


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