esskay
I am working in PSU in the cadre of scale 3 with a basic salary of 75000.00 in sept.2017 reached stagnation. The next stagnation increment is due on sept. 2020. In March 2018 as per CDA Rules, 23(4) minor penalty was imposed - a reduction of one increment for a period of two years without cumulative effect.

Now, my company says you are eligible for stagnation increment in sept.2023 ie three years from sept. 2020. Is it correct?

From India, undefined
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
KK!HR
Management Consultancy
Esskay
General Insurance-scale Iv

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KK!HR
1373

This interpretation that you are eligible for the next increment only in Sept.'23 is not correct. Presumably, the stagnation increment is due after three years. You had served at the basic pay of Rs. 75000/- from Sept.'17 to March'18 and again from March 20 to Sept. '20 which completed one year, Sept 21 will be the completion of two years and September 2022 will complete three years and you are eligible for the next increment.
The interpretation that for the next increment the service will start only from Sept. '20 defies logic as the service of 12 months @ the basic pay of Rs. 75,000 cannot be ignored or wished away. The stagnation increment period cannot be increased to 4 years nor the effect of the punishment period can be increased. Had you been at any interim stage in the pay scale, would you not have drawn regular increment in September 2020 after completion of the punishment period? You may take up strongly against misinterpretation of Rules

From India, Mumbai
esskay
The order says without CUMULATIVE EFFECT. I will be retiring in Jan-2022 and as per the information given, I will not be eligible for stagnation increment as I am retiring in Jan. 2022. This will have a very severe financial impact of lower PF amount, leave encashment, pension for entire life time including lower pension commutation. Than what is the meaning of Cumulative effect in the ORDER. Please enlighten me.
From India, undefined
KK!HR
1373

As you are retiring in Jan'22, the punishment order has the effect of permanently reducing your pay, consequently affecting your retirement benefits. Furthermore, from being a minor penalty this is becoming a major penalty.
The punishment of reduction of one increment for a period of two years without cumulative effect means and implies that you would be restored to the pre-punishment position on completion of the penalty period, which is possible only in September '22 but has become impossible.
If you have not exhausted the Appeal/Review provision, highlight these aspects and try to convince the appellate/reviewing authority. The breach of the rules is palpable, you can successfully challenge the order in the judicial forum on this point alone.

From India, Mumbai
esskay
THANKS FOR YOUR CLARIFICATION. REGARDS K.V.SOBHANADRI
From India, undefined

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