Expert: John Varghese - 9/27/2011

Question
Dear Jhon,
I was associated with my last employer almost for 5 years. In last June I have relived from my services after completion of my notice period which was 1 month. I got my new increment in May 2011 which was w.e.f. 01/01/2011. But company has refused to pay that arrears in my full and final settlement. but I was on roll till June 2011. and the increment for 15 months (January 2010 to March 2011).
Am I eligible for that amount , as I have received the increment letter?

Answer
Dear Ratan,

Generally increments are the discretion of the employer and employee would not have any right to claim the same, especially after resignation. Most employers will show in the increment letter itself that the same that it will be applicable only if the employee is in service on the date of increment letter.
However in your case(though there is a confusion in date and assuming that the date of effect of increment is 1.1.2010 and not 1.1.2011 as shown)since the increment letter was received in May 2011, when the company knew about your intention to quit the services, you can give a trial by filing a civil suit for recovery of the amount with interest. But keep in mind that in India filing a civil suit and getting the result of it will take years together.

Regards

John Varghese