Fixation of Pay in case of employees transferred to a lower post on their own request

Fixation of Pay in case of employees transferred to a lower post on their own request – RBE 12/2020

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE NO. 12/2020

New Delhi, Dated:- 28/01/2020

No.F(E)II/2003/FOP/1(Misc.)
The General Manager
All Indian Railways and Production Units
(As per standard list)

Subject:- Fixation of Pay in case of employees transferred to a lower post on their own request under rule 227 (a) (2) of IREC VoL.I (FR-15(a)) and subsequently promoted to higher post in the new unit-clarification regarding.

Instructions regarding fixation of pay in case of employees transferred to a lower post on their own request under Rule 227 (a) (2) of REC Voi.I (FR-15(a)) )1ave already been circulated on Railways from time to time. In this regard, doubts have been raised by various Railways as to the method of fixation of pay of such employees when they subsequently become eligible for promotion to the next higher grade or same higher grade from which they have been transferred to the lower post, in the transferred department i.e. in the new unit.

2. Since Ministry of Railway follows instructions circulated by Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions in this regard, the matter was referred to them for seeking their clarification on the matter. They have now given clarification in the two different situations as follows:

Situation 1;-

An employee, who joined railway service in a particular grade/scale of pay, after being regularized but before getting any promotion to bigher grade/~cale, was transferred to a lower post on his own request under Rule 227 (a) (2) ofiREC Vol.I (FR-15(a)). Accordingly, his pay was fixed in terms of Rule 1313 (I) (a) (3) ofTREC Vol.II (FR-22 I(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. Whether his pay on subsequent regular promotion is to be fixed under Rule 1313 (I) (a) I (FR-22l(a)l) or Rule 1313 (I) (a) 2 (FR-22 I(a)2) ofiREC Vol. II

Clarification received from DoP&T on the matter:

It is seen that the railway servant has been transferred to lower post under Rule 227 (a) (2) of IREC Vol.! (FR-15(a)) and his I her pay is protected in terms ofRu1e 1313 (I) (a) (3) of REC Voi.II (FR-22 I(a)3). However, if subsequent regular promotion in the adopted cadre in higher post/grade/level happens to be in same or lower grade/Level/post than the grade/post/Level of the higher post held on regular basis from which he/she is transferred to a lower post/Level under Rule 227 (a) (2) of IREC Vol.! (FR-15(a)), such Railway servant may not be allowed any promotional increment till he/she reaches to the Level equal to the Level from which he/she is transferred to a lower post on regular basis in the same or another cadre under Rule 227 (a) (2) of REC Vol.T (FR-15(a)) in view of the fact that it has potential to create double/additional pay fixation benefits and also while determining the pay structure/pay scale of any post, promotional aspects/relativity with the lower Level(s) are also taken into account.

Situation2:-

An employee, who joined railway 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 Rule 227 (a) (2) of.IREC Vol.I (FR-15(a)) and his pay has been fixed in terms of Rule 1313 (I) (a) (3) of IREC Vol.II (FR-22 I(a)3). Subsequently, he has become eligible for regular promotion to that higher grade/scale from which he has been transferred to lower grade/scale. Whether his pay on subsequent regular promotion is to be fixed under Rule 1313 (I) (a) I (FR-22 I(a)1) or Ru.le 1313 (I) (a) 2 (FR-22 l(a)2) of IREC Vol. I! or otherwise?

Clarification received from DoP&T on the matter:

Same mechanism of pay fixation mentioned for situation I may be adopted in cases where the Railway servant is promoted to a higher grade/scale of pay/Level and after getting promotion to a higher grade/scale/Level was transferred to a lower post/Level/grade on his/her own request under Rule 227 (a) (2) ofiREC Vol.I (FR-15(a)) and subsequent promotion in higher grade in the adopted cadre happens to be in same or lower post/Level than the promotional grade/post/Level from which he/she is transferred to a lower post under Rule 227 (a) (2) of IREC Vol.l (FR-15(a)). Thus such Railway servant . would not draw any promotional increment in the adopted cadre till he/she surpasses the Level from which he/she was transferred to a lower post/Level under Rule 227 (a) (2) of iREC Vol.I (FR-15(a)) in that cadre.

3. It is, therefore, advised to deal with the cases similar in situations 1 and 2 as per the aforementioned clarifications furnished by Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions.

4. Hindi version is enclosed.

5. Please acknowledge receipt.

No.F(E)II/2003/FOP /1 (Misc.)

(G. Priya Sudarsani)
Director Finance (Estt.)
Railway Board.

Signed Copy