Transfer to a lower post under FR 15(a) – clarification regarding

 

FIXATION OF PAY WHILE TRANSFER



F.No.16/6/2001-Estt. Pay I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
NewDelhi


Date the 14th February, 2006


Sub: Fixation of pay in case of employees who seek transfer to a lower post under FR 15(a) – clarification regarding.


*******


The undersigned is directed to state that according to the existing provisions of FR 22 I (a)(3), a Government servant appointed / transferred to a lower post at his own request under FR 15(a), the maximum of the time scale of which is less than the pay drawn by him in the higher post held regularly, shall draw that maximum as his initial pay. It has been brought to the notice of this Department that this provision is being interpreted differently by different Ministries / Departments. The Staff Side has also demanded that a clarification is issued in this regard to bring about a uniform interpretation of this
Rule.

2. The demand of the Staff Side has been examined in consultation with the Ministry of Finance and it is clarified that on transfer to the lower post/scale under FR 15(a), the pay of a Government servant holding a post on regular basis will be fixed at a stage equal to the pay drawn by him in the higher grade. If no such stage is available, the pay will be fixed at the stage next below the pay drawn by him in the higher post and the difference may be granted as personal pay to be absorbed in future increments. If the maximum of the pay scale of the lower post is less than the pay drawn by him in the higher post, his
pay may be restricted to the maximum under FR 22(1)(a)(3).

3. Where transfer to a lower post is made subject to certain terms and conditions then the pay may be fixed according to such terms and conditions.

4. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

5. These orders take effect from the date this O.M. is issued. Past cases already decided need not be re-opened.


(RITA MATHUR)

DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA

March 7, 2010  Tags:   Posted in: CCS Rules 

2 Responses

  1. Shyam - March 23, 2010

    The above order says if transferred to a lower post. I want to know whether seeking transfer to the post with same pay band and grade pay before MACP, what will be the grade pay ? Is the grade pay not protected ? Kindly reply urgently.

    Shyam

  2. UMESH HALKAR - September 15, 2010

    If seeking to lower post due to anmolies in reporting to junior officer and harrassment. What is the pay protection and justice.

Leave a Reply


× seven = 21


1 − one =