Withholding of increment

Withholding of increment is a minor penalty under the CCS (CCA) Rules. How it withholds pay, with or without cumulative effect, and when an inquiry is required.

Withholding of increment is a minor penalty under the CCS (CCA) Rules, 1965, by which the increment or increments due to a government servant after the date of the penalty are held back for a specified period. It is one of the milder disciplinary penalties, but it can be surprisingly severe in one of its forms, because whether the loss is temporary or permanent turns entirely on three words in the penalty order: with cumulative effect. This article explains how the penalty works on the pay, the crucial difference between the two forms, its effect on the date of next increment and the pension, when a full inquiry is required, and how it differs from a reduction to a lower stage.

What the penalty is

Withholding of increment is listed at Rule 11(iv) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, among the minor penalties. It works by holding back the increment that would otherwise fall due, rather than by cutting the existing pay. This is the key structural point: a withholding of increment stops the pay from rising, but it does not, of itself, make the pay fall. The order imposing it must specify three things:

  • the number of increments withheld;
  • the period for which they are withheld; and
  • whether the withholding is with or without cumulative effect.

Those three particulars settle exactly how the penalty bites, and the difference between the two forms is the heart of the subject.

Without cumulative effect

In its ordinary form, withholding without cumulative effect is a temporary loss. The increment due after the penalty date is withheld for the specified period, and at the end of the period it is restored. Crucially, the restoration is on a notional basis, without arrears, and without disturbing the date of next increment. The employee does not get back pay for the months the increment was withheld, but from the end of the penalty period the pay is corrected as though the increment had been drawn, and the normal increment cycle continues.

So the cost of a without-cumulative-effect withholding is the money lost during the penalty period alone. Once it ends, the employee’s pay and future increment dates are exactly where they would have been. This is by far the more common form.

With cumulative effect

Withholding with cumulative effect is a different order of penalty. Here the withheld increment is never restored. All later pay is worked out from the lower stage, so the increment is lost not just for the penalty period but for the whole of the remaining service, and the effect compounds through every future increment. Because the pay at retirement is permanently lower, a with-cumulative-effect withholding also reduces the pension. It is, in substance, a lasting cut, which is why the procedural safeguards around it are much stricter.

The 7th CPC increment cycle

Under the 7th CPC, Rule 10 of the CCS (Revised Pay) Rules, 2016 grants an increment on 1 January or 1 July of each year. So on imposition of the penalty, the next increment due after the penalty date, on whichever of the two dates falls first, is the one withheld. Where more than one increment is withheld, the increments due on the successive 1 January or 1 July dates are withheld in turn. The regulation of pay on this penalty in the pay matrix is set out in the Department of Personnel and Training Office Memorandum No. 11012/15/2016-Estt.A-III dated 18 June 2019, which also confirms the notional, no-arrears restoration for the without-cumulative-effect form.

By way of illustration, a penalty of withholding one increment for a fixed period imposed on an employee drawing, say, Rs. 50,500 in Level 7 works by holding back the increment that would next raise that figure, for the stated period, after which, if it is without cumulative effect, the increment is restored notionally and the pay resumes its normal climb.

When a full inquiry is required

Although withholding of increment is a minor penalty, and can ordinarily be imposed after the shorter minor-penalty procedure, the rules require the full major-penalty inquiry under Rule 14 in three situations:

  • where the increment is withheld for a period exceeding three years;
  • where it is withheld with cumulative effect for any period; or
  • where the withholding is likely to affect the pension adversely.

In each of these the consequences are grave enough that the employee must be given the fuller protection of a formal inquiry, with the safeguards that flow from Article 311. A with-cumulative-effect withholding therefore always needs an inquiry, and cannot be imposed on the shorter procedure.

Distinction from a reduction to a lower stage

Withholding of increment is easily confused with a reduction to a lower stage in the time-scale, but they work in opposite ways. A reduction actually brings the pay down by one or more stages, so the employee draws less than before. A withholding of increment leaves the current pay untouched and merely stops the next rise. The two also sit differently in the scheme of penalties: a one-stage reduction for up to three years without cumulative effect is a minor penalty like withholding, but a longer or cumulative reduction is a major penalty, treated with the pay fixation on reversion and reduction in rank rules. Reading which penalty an order actually imposes, and in which form, is essential, because the effect on pay, on the date of next increment and on the pension is quite different in each case.

Frequently Asked Questions (FAQs)

What is withholding of increment?
Withholding of increment is a minor penalty under Rule 11(iv) of the CCS (Classification, Control and Appeal) Rules, 1965, by which the increment or increments due to a government servant after the date of the penalty are withheld for a specified period. Unlike a reduction to a lower stage, it does not bring the pay down; it stops the pay from rising by holding back the increment. The order must state the number of increments, the period, and whether the withholding is with or without cumulative effect.
What is the difference between withholding of increment with and without cumulative effect?
Without cumulative effect, the increment is only postponed for the specified period and is then restored at the end of the period on a notional basis, without arrears and without disturbing the date of the next increment, so the loss is temporary. With cumulative effect, the withheld increment is never restored and all later pay is worked out from the lower stage, so the loss is permanent and carries forward through the rest of the service and into the pension. The with-cumulative-effect form is far more serious.
Does withholding of increment postpone the date of next increment?
Where the penalty is without cumulative effect, the date of next increment is not disturbed. The increment due after the penalty date is withheld for the specified period and then restored notionally, and the employee’s normal increment cycle on 1 January or 1 July continues unchanged. Where the penalty is with cumulative effect, the pay is permanently depressed, so although the increment dates continue, every future increment is worked out on the lower pay.
Is an inquiry needed to withhold an increment?
Not always. Withholding of increment is a minor penalty, so it can ordinarily be imposed after the shorter minor-penalty procedure. But a full inquiry under the major-penalty procedure of Rule 14 must be held if the increment is withheld for a period exceeding three years, or with cumulative effect for any period, or where the withholding is likely to affect the pension adversely. In those three situations the stricter procedure is mandatory because the consequences are severe.
Are arrears paid when a withheld increment is restored?
No. When a withholding of increment without cumulative effect ends, the increment is restored on a notional basis only, without any arrears for the period it was withheld. The employee does not get back pay for the withholding period, but their pay is corrected going forward and the date of the next increment is not affected. This treatment is set out in the DoPT order of 18 June 2019 on the regulation of pay on imposition of a penalty in the 7th CPC pay matrix.
How does withholding of increment work in the 7th CPC pay matrix?
Under the 7th CPC an increment falls on 1 January or 1 July, so on imposition of the penalty the next increment due after the penalty date, on whichever of the two dates comes first, is withheld. If more than one increment is withheld, the increments due on the successive 1 January or 1 July dates are withheld in turn. At the end of the period, for a without-cumulative-effect penalty, the increment is restored notionally without arrears and the next increment date is unaffected, following the DoPT order of 18 June 2019.
Does withholding of increment affect pension?
It depends on the form. A withholding without cumulative effect does not permanently affect pay, so it does not reduce the pension, because the increment is restored before retirement. A withholding with cumulative effect permanently depresses the pay, so the pay at retirement, and therefore the pension, is lower. Because a penalty that affects pension adversely is so serious, the rules require a full inquiry before it can be imposed, whatever its length.

External references

References

  1. Rule 11(iv) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965: withholding of increments of pay, a minor penalty, the order to specify the number of increments, the period, and whether with or without cumulative effect.
  2. Rule 14 of the CCS (CCA) Rules, 1965, and the proviso requiring a full inquiry where increments are withheld for a period exceeding three years, or with cumulative effect for any period, or where the withholding is likely to affect the pension of the government servant adversely.
  3. Department of Personnel and Training Office Memorandum No. 11012/15/2016-Estt.A-III dated 18 June 2019, on the regulation of pay on imposition of a penalty under the CCS (CCA) Rules in the 7th CPC pay matrix: the increment due after the penalty date on 1 January or 1 July is withheld, and on a without-cumulative-effect penalty the increment is restored notionally without arrears and without affecting the date of next increment.
  4. Rule 10 of the Central Civil Services (Revised Pay) Rules, 2016: the two increment dates of 1 January and 1 July, on which the withholding of increment operates.
  5. General distinction between withholding of increment, which holds back the next increment without reducing existing pay, and reduction to a lower stage under Rule 11, which brings the pay down, with the different consequences for pay, the date of next increment and pension.