I am posting this on behalf of the sender of the message after rectifying the same. I think we should discuss the matter.
I have been appointed as a assistant teacher in a Govt primary school in February 2006 .On September 2008 I was suspended from my job due to a fake criminal case against me.After 3 years I resume my duty on Jan 2012 in same post. My question is that how can I get all increment between September 2008 to December 2011 and also get the benefit of ROPA 2009.
how can I get all increment between September 2008 to December 2011 and also get the benefit of ROPA 2009
The period of absence from duty shall be treated as a period spent on duty as the person was honourably acquitted. And the person is entitled to enjoy full pay along with all the benefits as admissible to the person in normal course. So, the person will get full pay, increments, ROPA benefits, etc. In this regard the disciplinary or appellate authority grant him those benefits.
Reference: Rule 13 of West Bengal Primary Education (Conduct of Service of Primary Schools) Rules, 2001.
Whether any departmental proceeding had also been started against you for being involved in a criminal case? If so what was the findings? If not then obtain a certified copy of the acquittal order and apply to your departmental head for releasing all of your dues with accrued benefits. The period of suspension in such cases is treated as spent on duty.In most of the departments the authorities also start a departmental proceeding so if no proceeding had been started then you are lucky. In criminal cases a case is decided on the basis of strict proof while in departmental proceeding it is the preponderance of probablity which works. Acquittal in criminal case is not proof of your innocense in departmental proceeding since the proceeding is a quasi civil (judicial) process while criminal cases are purely judicial in nature. This is an irony of fate and it happens only in India.
