184. Daily Rules Recap - Denial of promotion in case of Recovery of Pay is against to the Rules
• During the JCM (Joint Consultative Machinery) National Council meeting held on January 27th and 28th, 1971, the staff side discussed the denial of promotions due to the imposition of penalties such as censure and recovery of pay.
• Based on these discussions, the Ministry of Personnel issued orders dated May 15, 1971, which stated, among other things:
• "As in the case of promotion of a Government servant who has been awarded the penalty of censure, the penalty of recovery from his pay for the loss caused by him to Government or of withholding his increment(s) does not stand in the way of his consideration for promotion, though in the latter case [withholding increments], promotion is not given effect during the currency of the penalty."
• Accordingly, promotions were not given effect only in cases of withholding of increments. For cases involving censure and recovery of pay, promotions were generally given effect.
• However, the Department of Posts (DOP) has now issued new instructions via its order dated March 4, 2024, regarding the effect of promotion through LDCE (Limited Departmental Competitive Examination), amending its earlier instructions dated May 17, 2023.
• These new instructions modify the rule, stating that where the penalty of "Recovery from Pay" has been imposed, the promotion results for such candidates shall be given effect only from the date when the recovery is fully made. Essentially, the promotion will be implemented from the date the recovery is completed.
• This new directive is incorrect and goes against the spirit of the JCM discussions and the orders issued on May 15, 1971. This matter requires reconsideration.
(DG (P) No.X-7/6/2022-SPN-II dared 4.3.2024)
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