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Nikil Balagavi   22 September 2023

regarding increments

sir in 2022 one of my colleague due to negligence of duty initiated department enquiry, in departmental enquiry made him compulsory retirement then he got stay from administrative tribunal in march 2023 and stay is continuous
sir his annual increment in the month of june 2023 so can release the annual increment or withhold the increment, till the judgement of administrative tribunal
pls suggeste me


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     22 September 2023

The department may not release the increment because the neither the compulsory retirement has been upheld nor it has been rejected by tribunal. 

Hence he may have to wait for the disposal details by the tribunal. 

kavksatyanarayana (subregistrar/supdt.(retired))     22 September 2023

Yes. He should wait till the judgment is announced.

Sudhir Kumar, Advocate (Advocate)     22 September 2023



retirementis not effetive and he is in service. The increment is his right.

Dr. J C Vashista (Advocate and Legal Consultant)     23 September 2023

Is the negligence of duty such serious that your colleague has been awarded the punishment of "Compulsory retirement" ?

When the case is stated to have been filed and stayed by CAT, your colleague has to wait for final judgment for increment.

However, you need not get disturbed and worried for the case against your colleague and deliquent official.

Sudhir Kumar, Advocate (Advocate)     23 September 2023

I may be permitted to diagree.  All that I know that after completion of one yer of qualifying serice the provision FR SR.


I shall be very greatful if one could enlighten me under which provision the increment can be denied under such cricumstances.


In this case the penalty of ourser from service is subjudice and under stay.  in cae he looses the case the penalty becomes operative from the date on which it existed (unless court directs to the contrary)  In such case the increments earned after stay order shall have no relevance.

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