RBE No. 09/2014: D&A Rules – Date of increment – After expiry of penalty of less than one year

No.E(D&A)200 RG6-36, dated 15.01.2014

Sub: Determination of date of increment after expiry of duration of penalties of withholding of increment/ reduction to lowest age imposed for less than a year regarding.

1. Ministry of Railways have received a few references regarding certain penalties of Rule 6 of Railway Servants (Discipline and Appeal) Rules, 1968 which are having pay element imposed for less than a year. In one case, the penalty of withholding of increments was imposed on 24.03.2008 for a period of six months with community effect and in other case the penalty of reduction to lowest age was imposed on 09.02.2009 for a period of 6 months with non- cumulative effect.

2. The question of date of release of increment in the above case on expiry of the penalty, in the context of fixing of 1st July as the date of increment uniformly for all Government Servants following VIth CPC, has been examined in consultation with the Department of Personnel & Training. It is advised that fixing of 1st July as the date of increment for all government servants under the Revised Pay Rules following the acceptance of the recommendations of the VIth CPC, is relevant only in respect of Annual Increment.

This provision is not applicable where the increment is withheld as a measure of penalty. In cases where the increment is withheld as a penalty for a specified period restoration of the withheld increment would be at the end of the currency of the penalty and not postponed to the next 1st July. The person concerned may even be entitled to the next increment on the 1st July following the expiry of the currency of the penalty, (notwithstanding the fact that the penalty imposed on him was having postponing effect on his future increments), if he has net qualifying service of six months prior to the relevant 1st July.

3. Likewise, when the penalty of reduction to lowest age was imposed, the pay bill be restored immediately on expiry of the currency of the penalty. In so far as release of next increment is concerned, the same may also be allowed immediately on restoration if the person concerned has rendered net qualifying service of six months on the 1st July preceding the date of expiry of the currency of the penalty.

Download Railway Board Circular RBE No. 09/2014