I am working in a PSU in the cadre of scale 3 with a basic salary of 75000.00. In September 2017, I reached stagnation. The next stagnation increment is due in September 2020. In March 2018, as per CDA Rules, 23(4), a minor penalty was imposed - a reduction of one increment for a period of two years without cumulative effect.
Now, my company says that I am eligible for the stagnation increment in September 2023, i.e., three years from September 2020. Is it correct?
From India, undefined
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Now, my company says that I am eligible for the stagnation increment in September 2023, i.e., three years from September 2020. Is it correct?
From India, undefined
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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. 75,000/- 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, making you 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 at the basic pay of Rs. 75,000 cannot be ignored or wished away. The stagnation increment period cannot be increased to four years, nor can the effect of the punishment period be extended. If you had been at any interim stage in the pay scale, wouldn't you have received a regular increment in September 2020 after completing the punishment period? You may strongly contest the misinterpretation of rules.
From India, Mumbai
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1656The interpretation that for the next increment the service will start only from Sept. '20 defies logic as the service of 12 months at the basic pay of Rs. 75,000 cannot be ignored or wished away. The stagnation increment period cannot be increased to four years, nor can the effect of the punishment period be extended. If you had been at any interim stage in the pay scale, wouldn't you have received a regular increment in September 2020 after completing the punishment period? You may strongly contest the misinterpretation of rules.
From India, Mumbai
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The order states "without CUMULATIVE EFFECT." I will be retiring in Jan-2022, and as per the information provided, I will not be eligible for stagnation increment as I am retiring in Jan. 2022. This will have a severe financial impact on lower PF amount, leave encashment, and pension for the entire lifetime, including lower pension commutation. What is the meaning of the Cumulative effect in the ORDER? Please enlighten me.
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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
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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
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