Sirs, One person under going punishment of "Reduction of pay to the minimum of basic pay for a period of 2 years without cumulative effect". Now before end of three months of punishment the organisation implemented special VRS scheme to reduce man power for which this employee is also applied for scheme. The organisation granted Special VRS scheme 3 months prior to this punishment period duly recovered the emoluments amount of balnce punishment period for these 3 months and in office order, they said that there are no punishments pending.
But, while calculating the pension of his pay was not restored. They calculated the pension with punishment (lower pay) pay, for which huge variation in pension and pension benifits. And he faced two types of punishments that one lower pay and recovery of amount in the name of balnce punishment period. When the punishment is a temporary measure, after recovery of amount towards balance punishment, why they didn't restored to original pay as they said there are no punishments pending? Who is correct please? Any orders or judgements available with you to restore pay, please give link. Thank you all.
From India, Hyderabad
But, while calculating the pension of his pay was not restored. They calculated the pension with punishment (lower pay) pay, for which huge variation in pension and pension benifits. And he faced two types of punishments that one lower pay and recovery of amount in the name of balnce punishment period. When the punishment is a temporary measure, after recovery of amount towards balance punishment, why they didn't restored to original pay as they said there are no punishments pending? Who is correct please? Any orders or judgements available with you to restore pay, please give link. Thank you all.
From India, Hyderabad
Lowering/ reducing the pay without cumulative effect usually means a temporary reduction in the basic wages and if it is for two years, then after two years he will start getting the actual salary with increments for two years. But there can be different interpretations also depending upon the wordings used in the punishment. During this two years, if the employee gets superannuated, then the pension would be on the actual basic pay only. Similarly, if the employee resigns or opts for VRS while being in punishment period, then legally his wages at the time of resignation or VRS shall be the base for calculation of retirement benefits. But why should the employer recover the amount towards balance punishment period? If the intention is to commute the salary then the employee should be placed in the scale just before the punishment and should also add two increments lost and calculate the retiral benefits on that new pay.
From India, Kannur
4293From India, Kannur
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DISCIPLINARY ACTIONS PROCEDURE.xls
DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc