• Stoppage of Professional Qualification Increments

I have Cleared my JAIIB in 2015 and CAIIB in 2018. Both increments were duly added to my Basic Pay. I was promoted to Scale 3 in 2020, however the promotion was given while disciplinary proceedings were pending against me for irregularities found during my tenure as Scale 2 Branch head. On completion of Disciplinary proceedings i was awarded punishment of "Reduction to a lower grade from Scale-III to Scale -II at Basic pay of Rs. 48170/- (Initial Basic of Scale-II). "

I was in 8th stage of Basic pay in Scale II when promoted to Scale III and Basic Pay at Scale III was at 3rd stage including my JAIIB and CAIIB Increments. However, while implementing the Punishment the bank has fixed my Basic Pay at 48170/- denying me the rightfully earned increments of JAIIB and CAIIB.

I have written numerous communications and representations however the claim is denied by bank stating, since punishment order doesn't mention anything regarding JAIIB and CAIIB increments the same cannot be provided.

How can i approach further on the matter?
Asked 2 days ago in Labour

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9 Answers

Your increment should be taken care after refixing the scale II pay and should have been added to your re fixed salary.

There's no necessity to give a specific instruction to add the increment that you are entitled to while refixing your salary.

You can give a representation in writing to the management about this and can approach high court with a writ petition for relief and remedy if the bank management is not responding to your request to refix your salary accommodating the increments that you are entitled to.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

When the disciplinary proceeding was initiated JAIIB & CAIIB benefits were accrued to your basic pay. Punishment awarded was reduction to lower grade from Scale III to Scale II. Punishment does not touch increments due to JAIIB & CAIIB. When order of punishment does not speak about such increments, it means that said increments have to be continued. Had there been denial of the same, it would have been mentioned in punishment order. Approach High Court  in writ jurisdiction after issuing lawyer's notice you will get arrears of increment with interest, costs of writ and lawyer's fee. Order of punishment is to be interpreted strictly without drawing any presumptions.    

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

If the order is silent about the restrictions towards the increments for JAIIB & CAIIB, then it is deemed that the disciplinary committee has not restricted anything in this regard, therefore the stand taken by the Bank in this regard is disputable.

You can approach high court with a writ petition to challenge the refusal to accommodate the entitled increment to your salary for the reasons you rely upon.

You have stated that you had submitted representation i this regard to the management, whether the representation was in writing  sent  through proper channel or have just emailed them and remained silent waiting for their response?

Besides you have not stated about the response to your complaint lodged in the staff grievance portal(?).

You can discuss with a local lawyer who is expertise in service matters and proceed as suggested 

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you may find a complain against the same to the head office aur file a case against it.

Anik Miu
Advocate, Bangalore
5320 Answers
57 Consultations

4.9 on 5.0

If inspite of representation bank is not taking any action file writ petition in HC against the nationalised bank denying you rightly earned increments 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

In the circumstances, it is better to approach your trade union and be guided by their advice. They may take up with the management on your behalf and sort out the issue. If you decide to fight your case alone, the management may prove to be vindictive.

Swaminathan Neelakantan
Advocate, Coimbatore
2121 Answers
20 Consultations

4.9 on 5.0

You can check whether you are a workman under ID Act else approach civil court for redressal 

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

- As per Supreme Court , when an employee is held guilty and penalized and is, therefore, not promoted at least till the date on which he is penalized, he could not be said to have been subjected to a further penalty on that account. Denial of promotion to the employee in such circumstances was not a penalty but a necessary consequence of his conduct.

- Further, in cases where, after completion of the disciplinary proceedings, an officer has been punished with minor penalties, he shall be given promotion from the date his immediate junior has been given promotion and his pay will be notionally fixed in the time scale of the higher grade with effect from that date.

- Further , in cases where an officer has been punished with minor punishment of “suspension” then the officer cannot get promotion with retrospective effect. In such cases, the date of promotion of the officer concerned will be postponed by the period for which he was actually under suspension.

- Since, your promotion was already effected by that punishment and you was degraded , then on the ground of qualifying the FAIIB and CAIIB your promotion & increment cannot be stopped .

- You can issue a legal notice and on refusal file a Writ Petition before the High Court. 

Mohammed Shahzad
Advocate, Delhi
10264 Answers
123 Consultations

5.0 on 5.0

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