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Akshay Panchal (Assistant)     16 September 2012

Stagnation increment

 

Kindly note that I am working as as Assistant in OICL (The Oriental Insurance Company Limited) since 1991 and have reached to Stagnation w.e.f April-2010. The management has not released my Stagnation Increment which was due form April-2010. Moreover, another increment has also been accured from April-2012. I have asked orally many times to the management but there is no response. I have kept the said matter on paper still the management is least borthered to answer my e-mails and letters.

I understand that Stagnation Increment is part and partial of my basic salary which the management has denied for reasons known to me. Moreover, I would like to drawn your attention that in the month of Sep-2007 there was a case u/s CPC 406 and 120-B which is still pending the court of law for which I was under custody of police for 96 hours for interogation and thereafter I was released on bail. The said case has no relation with my service record but the said case was brought to the notice of Oriental Management by the police and accordingly, I was under suspension of 4 (four) days and revoked thereafter immediately in the same month. I would also like to drawn your attention that all my CRs (Confidential Reports) have been outstanding till date without any doubt.

I hope the said incident might by an hynderance for releasing the accured Stagnation Increment. But I feel that Stagnation Increment being a part of Salary cannot be adjorned and the said increment is based on your performance which is outstanding in my case eventhough the management has neither borthered to release the same nor shown any moral duty to reply my correspondence. 

Under the circumstances, I would like to seek your guidance for getting justice. If possible kindly quote any judgement relevant to my case and further line of action from my end.


 



 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 September 2012

My suggestion is file a petition in central administrative tribunal through on line.

Sudhir Kumar, Advocate (Advocate)     16 September 2012

OIC is not in CAT jurisdiction.

 

you being on bail could nto be a reason for denial of increments.  It cpul have been hurdle for EB, probation, promotion etc.

If you so suspect then seek coppy of the noting leading to disposal of your representation whihc will reveal the exact ground.

 

Please watch if the stagnation incremetn of other employees is released.

Akshay Panchal (Assistant)     17 September 2012

thanx 4 ur reply n pl. let me know d procedure 4 file petition at CAT and kindly advise whether I should file RTI application 4 non-release of my stagnation increments and noting thereon against my representation?

Sudhir Kumar, Advocate (Advocate)     17 September 2012

RTI is not a remedy for any greivance.  It can only provide you the material documents on the bais of which the incremetn is drawn.  You are not in CAT jurisdiction. check CAT site at https://cgat.gov.in/department_wise.htm

Sudhir Kumar, Advocate (Advocate)     18 September 2012

I am reproducing rule 23(iv) of the CCS(CC&A) Rules,

 

23. ORDERS AGAINST WHICH APPEAL LIES:

Subject to the provisions of rule 22, a Government servant may prefer an appeal against all or any of the following orders, namely:-

(i) an order of suspension made or deemed to have been made under rule 10;

(ii) an order imposing any of the penalties specified in rule 11, whether made by the disciplinary authority or by any appellate or revising authority;

(iii) an order enhancing any penalty, imposed under rule 11;

(iv) an order which-

(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement; or

(b) interprets to his disadvantage the provisions of any such rule or agreement;

(v) an order-

(a) stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(b) reverting him while officiating in a higher service, grade or post, to a lower service, grade or post, otherwise than as a penalty;

(c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules;

(d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;

(e) determining his pay and allowances-

(i) for the period of suspension, or

(ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, time-scale or stage in a time-scale of pay, to the date of his reinstatement or restoration to his service, grade or post; or

(f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose.

 

these oorders are per-se applicable to the Central Govt employees and the rules applicable to the PSU employees, including Banks and Insurance Cos, are by and large substantially reproduction of the same and some PSU just adopt these rules.

 

So you please consult the CDA rules of your company and if fitting in the parallell rpovision of these rules you can appeal to the Appellate Authority to be decided at par treating denial of this increment as a penalty affecting your pay and terminal benefits.

Akshay Panchal (Assistant)     23 September 2012

thanx 4 ur reply n guidance. I hope our corporation comes under M/o Finance n hence, it comes under jurisdiction of CAT. Moreover, I have asked for certified copy of CDA rules from the management 4 onward action. As soon as I get the copy of said rules I will provide extract of the same 4 your help n guidance. I feel oblige by ur interest n help.

Sudhir Kumar, Advocate (Advocate)     23 September 2012

You are not in CAT jurisdiction. check CAT site at https://cgat.gov.in/department_wise.htm


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