I do not agree with one of the contributors that action can be initiated and the employee can be asked to leave -- and that it is contractual obligation for him to accept the increment etc.,. Legally every enhancement or otherwise is altering the main term of the employment contract which amounts to a fresh offer which may or may not be accepted. This does not mean that there is a breach of the original contract.
Terminating the services does not stand legal scrutiny and the test nor administrative action would settle it. It would only open the flood gates..!
The employee has every right to reject what is offered and there is no legal compulsions against it. The action if any contemplated will open a can of worms about the Performance management system of the organization and bias in the Appraisal system if any. Apart from this, I do not think the organization can take such a decision without any recorded or documented reason which is objective enough to stand the legal scrutiny.
If the Performance Appraisal system is objective and transparent, and the employee deserves the kind of treatment, then the organization is well within its rights and also can make the reasons and bases known to the employe and even contemplate making it public so that it could be a point of standard to other employees..!
Cases like this show that there is no proper and objective pre-determined Performance Management System and there is a lot of subjective considerations which call for greater introspection by the organization.
Even if the employee deserves the kind of treatment, there is onus on the organization as far as empowerment, and Competency Management which perhaps has not been shouldered effectively.
T.K. Vijay Kumar\
919845533066