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ajay (SR Engineer)     22 May 2014

Reduction in pay scale

I am working in a public sector undertaking.
recently in a disciplinary proceeding i have been penalized by following penalty.
Below is the quote from DA order. 
 
Accordingly, considering the entire facts & circumstances of the case and other extenuating circumstances, i hereby impose the major penalty of " Reduction to three lower stage in the time-scale of pay for a period of two years, with a further direction that the officer would not earn increments of pay during the period of such reduction", as per clause 2.(a) of CDA rules upon the officer. accordingly officer's basic salary would be reduced from X/- to Y/- with immediate effect. 
 
penalty clause is:: A
 
(1) Minor penalty (V) reduction to a lower stage of pay with the period not exceeding three years without cumulative effect.

 (2) Major Penalty (a) save as provided for case 1(V), reduction to any lower stage for a specified period with further direction that officer would earn increment or not, whether on expiry of such period, reduction will or will not have the effect of postponing the future increment of pay.

 sir my basic pay before penalty was Rs X pm. how much my pay must be after period of 2 years. my HR is saying that your pay will be Y up to 2 years. than after 2 years it will start from Y only. pls clarify
 
whereas CCS says that reduction can not be on permanent basis

Please some body reply me so that i can take up the matter further.



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     22 May 2014

it is a reduction with comulatibve effect, it does have effect of major penalty.  Perfectl;y legal, if procedure is correctly followed.

 

 

Sudhir Kumar, Advocate (Advocate)     22 May 2014


You asked nothing on the procedure and No advise is being given on that aspect.

ajay (SR Engineer)     22 May 2014

thank you sir

actually, in many circular cumulative effect in this penalty will affect the increment of the period of penalty (postponement of future increment). hence as per procedure my salary after 2 years would be restored to X. but increment for the period of reduction, i would not get,

 

this is clarified with the example in master service circular of railway also. then why my salary should remain to Y even after period of penalty. Permanent reduction is not permissible in this penalty as per service law.

 

sir,please tell me whether my understanding is correct or not & after two years my salary would be restored or not?

thank you in advance

ajay (SR Engineer)     22 May 2014

sir,, what you mean by procedure? & pefectly legal?

Sudhir Kumar, Advocate (Advocate)     24 May 2014

there is a procedure for imposition of penalty

Sudhir Kumar, Advocate (Advocate)     24 May 2014

repeated

 

https://www.lawyersclubindia.com/forum/Reduction-in-stages-of-payscale-102597.asp#.U4CoYHb5tv4


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