Fixation of Pay in case of employees transferred to a lower post on their own request under FR-15(a) and subsequently promoted to higher post in the new unit
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
No.F(E)II/2003/FOP/1(Misc.)
New Delhi, Dated:22-11-2018
OFFICE MEMORANDUM
Subject:- Fixation of Pay in case of employees transferred to a lower post on their own request under FR-15(a) and subsequently promoted to higher post in the new unit
The undersigned is directed to state that in terms of FR 15(a), request transfer to lower posts on personal ground are allowed to Railway employees. DOP&T’s O.M.No.12.1.2016-Estt (Pay-I) dated 31.03.2017 clearly lays down the method of fixation of pay in such cases of transfer to lower post. However, doubts have arisen reg. method of fixation to be allowed while fixing the pay of such employees when they subsequently become eligible for promotion to the next higher grade or same higher grade from which they have transferred to the lower post, in the transferred department. The following two cases are,in this context submitted for consideration and further guidance for fixation of pay:
(i) An employee who joined government service in. a particular grade/scale of pay was, after being regularized but before getting- any promotion to higher grade/scale, transferred to a lower post on his own request under FR-15(a). Accordingly, his pay was fixed in terms of FR-22I(a)3. Subsequently, he has become eligible for regular promotion to a higher grade/scale which may be the same or lower to his old grade/scale of pay from which he was transferred. Now a doubt has arisen as to whether his pay on subsequent regular promotion is to be fixed under FR-22I(a)1 or FR-22I(a)2. (A case of Sh. Praddurnan Shukia ex-ASO/Railvway Board who had earlier been transferred „to a lower post in RDSO on his own request,-received from RDSO, Lucknow is enclosed for ready reference, in this context).
(ii) An employee who joined government service in a particular grade/scale of pay and after getting promotion to higher grade/scale, was transferred to a lower post on his own request under FR-15(a). Accordingly, his pay has been fixed in terms of FR-22I(a)3. Subsequently, he has become eligible for regular 1,-i promotion to that higher grade/scale from which he has been transferred tc lower grade/scale. A doubt has now arisen as to whether his pay on subsequen regular promotion is to be fixed under FR-22I(a)1 or FR-22I(a)2 or otherwise, and the manner of fixation of pay.
2. In view of the fact that a quite large number of references are received on the subject from different Railways, and several RTI applications in the matter have also been received by this Ministry, DOP&T is requested to kindly clarify the issue at the earliest.
3. This issues with the approval of Executive Director, Finance (Estt.)
(G.Priya Sudarsani)
Director Finance (Estt.)
Railway Board.