• Probation declaration - increment not allowed

Sir,
I joined Regional Cancer Center, Thiruvananthapuram, Kerala as Cytotechnologist on 16/1/2018. My probation was declared as completed on 16/1/2019. They didn't give me increment on the time of probation completion. The administrative department tells that they can provide increment only if the employee was joined before January first of every year. Otherwise the first increment will be issued only on July 1st after completing the probation period.One of my colleague who joined on 26/12/2017 on the same post got one increment at the time of completion of probation. i have only 20 days of difference between the joining dates. Is this discrimination correct as per the law? kindly give an advice.

Thanking you,

regards,

sanil P N
Asked 5 years ago in Labour

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11 Answers

Dear Client,

IF this procedure is prevailing in service rules and followed from long time than same will follow. Was you receiving half payment on probation, if yes than this practice is absolutely illegal.

On completion of probation you are entitle to full payment from very next day.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

You can ask the explanation from them in writing for the said discrimination and approach dy labour commissioner office with a complaint

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

What does the service and conduct rules stipulate?

If they are absent apply through RTI for the relevant ruled and the yardstick governing increments .

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Then you can do as advised

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

Yes, July last year, this rule came into force.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

Your employment is governed by the HR manual of your organisation and if the increment is due as per the HR practice from July itself then what is problem in that you will get your your increment and due date and in case it is not given on the due date then you have the right to ask why it has not been given to the completion of probation period is mandatory before providing any increment in case your profession period is not complete then you may not get the regular increment you complete your probation period

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You could seek a meeting with higher authority and put across your pov about pay fixation and increment policy.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The answer to your question is that to deal with the situation there is two way:

 

1. One is that increment should be granted from Ist of the Jan/Jul as the case may be , there is no bar.

 

2. Another is if there is some relevant hurdle then they should give you increase in salary equal to increment.

 

They are wrong if they don't give , this can be challenge before the competent authority.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

If the department or the management is denying you the increment for the said reasons, you may demand them in writing to mention the said clause or rule  by which they deny you the said increment.

Once you get the same in writing, after verifying its correctness by referring  to the said clause or rule in vogue, you may decide to proceed legally on it if it is maintainable.

A Government servant selected for a post in a Central Public Enterprise will be free to negotiate his emoluments with the enterprise. On appointment to a post in a public sector enterprise on immediate absorption basis, a Government servant will be at par with other employees of the enterprise and will be governed by the rules of the
enterprise in all respects.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Probation period is a period of engaging an employee to test his/her performance on the suitability of a position. If an employee’s performance is found to be unsatisfactory, the employer can terminate the employee’s services and the same cannot be construed illegal.

Probation is a period of trial and its purpose is to find out the suitability of an employee to hold the post substantively or permanently and the suitability has to be judged at the time of confirmation

Pay Raise. Many employers offer the possibility of a pay raise at the end of the probationary period. A raise is a testament to the satisfactory work a new-hire performed during the probationary period, which may last from a month to several months, depending on the employer

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your company has not only not complied with the central rules governing the salary etc, but also discriminated with you.
  2. You should write one representation to the concerned department making a request to consider your case as per law.
  3. If they don’t react to it positively then use the same representation and approach the Hon’ble High Court under Writ of Mandamus as per the article 226 of our Constitution seeking immediate intervention.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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