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Mr. Kaushal has joined Bank Service on 23-04-2014 on 13075/- basic Pay. Therefore his anniversary date of annual increment is 1st April every year. On 27-05-2016 he got suspended. At the time of suspension, he was on 14545/- basic Pay. He was reinstated in the service on 10/11/2017 stating “ Reduction of basic pay by two-stage in the time scale of pay for two years” “with a further direction that the suspension period will not be treated as period on duty and no pay and allowance/increments will be paid except the subsistence allowance already paid for the period spent under suspension.”, after which, basic pay of Mr. Kaushal was reduced to 13075/- .Therefore, kindly inform/assist me in what would be the next increment date and basic Pay of Mr. Kaushal . Mr. Kaushal was on 13075/- basic pay as on 10/11/2017.

The Payscale of the bank clerk is as follows:-Rs.11765-655/3-13730-815/3-16175-980/4-20095-1145/7-28110-2120/1-30230-1310/1-31540.

From India, New Delhi

Dear friend,

Your concern about the next increment of the individual pales into insignificance as his case is that of double jeopardy. That's he stands punished twice for the same misconduct. The question here is not that the punishment of reduction in two stages of his time scale of pay is excessive. But the disciplinary authority treated the period of suspension also as punishment. On the contrary, the suspension period pending enquiry should have been regularised and he should have been paid the entire salary minus the amount of subsistence allowance already received in view of final punishment of reduction in pay by two stages. Thus it amounts to double punishment which is illegal. The employee can prefer an appeal, if there is such a provision or go to Labor Court by raising a dispute u/s 2(k) of the ID Act through his trade union , if he is a workman or to a Civil Court.

From India, Salem

He was reduced to the basic pay of Rs. 13075 w.e.f. 10.11.17 but before suspension he had served one month and 4 days. So on reinstatement he has to serve the remaining period of approx. 11 months and from 1st October 2018 he would be entitled to the next increment, fixing his basic pay to be Rs. 13730/-. Thereafter his increment would be regulated w.e.f. 1st October every year.
As regards the point of double punishment pointed out by Umakanthan Sir, the applicable rules in certain organisations have a provision for the disciplinary authority to decide whether for the suspension period any payment other than the subsistence allowance already paid is allowed. Banks, I understand, have this Rule.
If more clarity is needed in the matter, pl enclose the rules regarding drawal of increment.

From India, Mumbai
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