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Promotion given & taken back very next month
27-Apr-2023 (In Labour & Service Law)
In Feb 2015 there was mass up gradation/promotion (22 staff) of admin staff in my school (DPS). School by and large follows central Govt. rules. I was also promoted to the next pay band, which is mentioned/ reflected in my Feb 2015 pay slip. But in March 2015 my promotion/ up gradation along with 5 more staff taken back/reverted back. And the excess salary recovered in March 2015 salary slip. Is it not against a rule which says” Facility once provided, cannot be taken back” .On asking employer says” it happened by mistake. Can I fight this in court? If yes, on what basis?
Although there is no judgement or ruling which states that "Facility once provided, cannot be taken back”. There can be amendment in the rules of terms of employment or any other rules and accordingly the facility can be withdrawn by the employer.
Your query is silent whether, you were given any promotion letter?
In case you received a promotion letter then in such case you can file a case in the court and fight. However if no promotion letter is issued and its mainly on salary then it is difficult to prove that you or other employees were promoted.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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