I am working in Maharashtra Gramin Bank as an assistant, in Dec.2009 I faced disciplinary action, and as a result, a penalty was imposed on me reduction to 2 stages with cumulative effect and a reduction to 1 stage without cumulative effect all punishments shall run concurrently as a result my basic pay reduced 11680 from 13210 in Dec 2012 my basic pay restored 13210 my date of increment is 1st February My query is the restoration of my basic pay in December 2012 is right or it is right to restore in February 2012 I need advice from the relevant knowledgeable person.
Thanking you.
From India, Pune
Thanking you.
From India, Pune
It needs a little more clarity on the factual aspects. The normal increment is it to accrue in February and the time period of punishment?
As I understand, there are two punishments, both stepping down your salary, one with a cumulative effect by two increments and another without a cumulative effect by one increment. In December 2009 you were imposed punishment of reduction of basic pay from Rs. 13210 to Rs. 11680/- and the reduction without cumulative effect was over in December 2010, so if there was no other punishment you would have been restored to the position you would have been had you not been punished thus, means in December 2010 you had to be restored to the original Basic Pay of Rs.13210/- and increment given. But, as you were under the punishment of reduction by two increments, you had to remain in the basic pay of Rs. 11680 till December 2011 and then you had to be restored back to Rs. 13210 and the next increment drawn in February 2012. There is no validity for drawing the next increment in December 2012 as it would mean that the increment due in Feb 2012 is getting withheld upto December 2012, for which there is no punishment order like that.
You have a case to get your pay recalculated thus.
From India, Mumbai
1530As I understand, there are two punishments, both stepping down your salary, one with a cumulative effect by two increments and another without a cumulative effect by one increment. In December 2009 you were imposed punishment of reduction of basic pay from Rs. 13210 to Rs. 11680/- and the reduction without cumulative effect was over in December 2010, so if there was no other punishment you would have been restored to the position you would have been had you not been punished thus, means in December 2010 you had to be restored to the original Basic Pay of Rs.13210/- and increment given. But, as you were under the punishment of reduction by two increments, you had to remain in the basic pay of Rs. 11680 till December 2011 and then you had to be restored back to Rs. 13210 and the next increment drawn in February 2012. There is no validity for drawing the next increment in December 2012 as it would mean that the increment due in Feb 2012 is getting withheld upto December 2012, for which there is no punishment order like that.
You have a case to get your pay recalculated thus.
From India, Mumbai
Normally the punishment would be like, stoppage of increment or reduction of increment with or without cumulative effect FOR CERTAIN YEARS. If your punishment is for three years (as I understand) you will start getting increments from 2012 onwards. I presume that the increment is Rs 510. For the punishment of reduction of increments with cumulative effect, you will start getting increment of Rs 510 on Rs 11680 in 2012. But the other punishment of reduction of one increment is without cumulative effect, your pay should get restored to the pay of 2012 as follows:
Pay of 2009.........Rs 11680
Increment of 2010 510
Increment of 2011 510
Increment of 2012 510
Basic Pay of 2012 should be Rs 13210.
If you had only the first punishment, ie, stoppage of two increments with cumulative effect, then your basic salary in 2019 after deduction of two increments would have been Rs 12190. In 2012, when the punishment period is over you will start earning increment (of Rs 510) on this basic only. Then it would be Rs 12190 + 510 or Rs 12700.
KK, please comment.
From India, Kannur
Pay of 2009.........Rs 11680
Increment of 2010 510
Increment of 2011 510
Increment of 2012 510
Basic Pay of 2012 should be Rs 13210.
If you had only the first punishment, ie, stoppage of two increments with cumulative effect, then your basic salary in 2019 after deduction of two increments would have been Rs 12190. In 2012, when the punishment period is over you will start earning increment (of Rs 510) on this basic only. Then it would be Rs 12190 + 510 or Rs 12700.
KK, please comment.
From India, Kannur
correct me if i am wrong-In your scenario, you faced disciplinary action in December 2009, resulting in a penalty of reduction to 2 stages with cumulative effect and reduction to 1 stage without cumulative effect, with both punishments running concurrently. As a result, your basic pay was reduced from 13,210 to 11,680.
Later, your basic pay was restored to 13,210 in December 2012. Your date of increment is 1st February.
The query is whether the restoration of your basic pay to 13,210 should have taken place in December 2012 or February 2012.
To address this, let's break down the timeline and calculations:
December 2009: Disciplinary action taken, resulting in a reduction of basic pay to 11,680.
December 2012: Basic pay restored to 13,210.
Now, let's consider the increment:
Your date of increment is 1st February. Therefore, your basic pay increment would normally take place on that date each year. Here's how the calculations would work:
On 1st February 2010: Basic pay increment would take you to 11,970 (assuming 3% annual increment).
On 1st February 2011: Basic pay increment would take you to 12,320.
On 1st February 2012: Basic pay increment would take you to 12,685.
Now, considering your restoration to 13,210 in December 2012, there are two scenarios to consider:
Restoration in December 2012: This means your basic pay was restored after 11 months of your last increment (February to December). Your next increment would have been due on 1st February 2013, taking you to a higher amount than 13,210.
Restoration in February 2012: This means your basic pay was restored before your increment date. This would have ensured that your increment calculation considers the restored pay as the base. Your increment on 1st February 2012 would have been higher due to the restored basic pay.
Given the timeline and your increment date, it would be more accurate for the restoration of your basic pay to have occurred in February 2012 rather than December 2012. This would align with the calculation of increments and ensure that your restored pay is taken into account for subsequent increments. However, for accurate advice tailored to your specific situation
Later, your basic pay was restored to 13,210 in December 2012. Your date of increment is 1st February.
The query is whether the restoration of your basic pay to 13,210 should have taken place in December 2012 or February 2012.
To address this, let's break down the timeline and calculations:
December 2009: Disciplinary action taken, resulting in a reduction of basic pay to 11,680.
December 2012: Basic pay restored to 13,210.
Now, let's consider the increment:
Your date of increment is 1st February. Therefore, your basic pay increment would normally take place on that date each year. Here's how the calculations would work:
On 1st February 2010: Basic pay increment would take you to 11,970 (assuming 3% annual increment).
On 1st February 2011: Basic pay increment would take you to 12,320.
On 1st February 2012: Basic pay increment would take you to 12,685.
Now, considering your restoration to 13,210 in December 2012, there are two scenarios to consider:
Restoration in December 2012: This means your basic pay was restored after 11 months of your last increment (February to December). Your next increment would have been due on 1st February 2013, taking you to a higher amount than 13,210.
Restoration in February 2012: This means your basic pay was restored before your increment date. This would have ensured that your increment calculation considers the restored pay as the base. Your increment on 1st February 2012 would have been higher due to the restored basic pay.
Given the timeline and your increment date, it would be more accurate for the restoration of your basic pay to have occurred in February 2012 rather than December 2012. This would align with the calculation of increments and ensure that your restored pay is taken into account for subsequent increments. However, for accurate advice tailored to your specific situation
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc