7th CPC Fixation of Pay in case of employees who seek transfer to a lower post under FR 15(a): Clarification by DoPT OM dated 31.03.2017
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated the 31st March, 2017
Subject : 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 refer to this [Department’s OM No.16/4/2012-Pay-I dated 5th November, 2012 ##eye##] read with OM No.13/9/2009-Estt.(Pay-I) dated 21st October, 2009, whereby clarification was issued by this Department for fixation of pay in case of employees seeking transfer to lower posts under FR 15(a) subsequent to the implementation of the recommendations of 6th CPC and CCS(RP) Rules, 2008. It was clarified therein that in case of transfer of a Government servant to a lower Grade Pay under FR 15(a) on his/her own request w.e.f. 1.1.2006, the pay in the Pay Band will be fixed at the stage equal to the pay in Pay. Band drawn by him/her prior to his/her appointment against the lower post. However; he/she will be granted the Grade Pay Of lower post. Further, in all cases, he/she will continue to draw his/her increment(s) based on his pay in the Pay Band +Grade Pay (lower).
2. Consequent upon the implementation of 7th CPC Report and CCS(RP)Rules, 2016, the concept of new Pay Matrix has replaced the existing Pay Bands and Grade Pays system. Accordingly, in partial modification of this Department’s OMs dated 5th November, 2012 and 21st October, 2009 ibid: the method of pay fixation in respect of a Government Servant transferred to a lower post under FR 15(a) on his/her own request w.e.f 1.1.2016 will be as under:
‘In case of transfer to a lower Level of post in the Pay Matrix under FR 15(a) on his/her own request w.e.f. 1.1.2016, the pay of the Government Servant holding a post on regular basis will be fixed in the revised pay structure at the stage equal to the pay drawn by him/her in the higher Level of post held regularly. If no such stage is available, the pay will be fixed at the stage next below in the lower Level with respect to the pay drawn by him/her in the higher Level of post held regularly and the difference in the pay may be granted as personal pay to be absorbed in future Increment(s). If maximum of the vertical range of pay progression at the lower Level in which he/she is appointed, happens to be less than the pay drawn by him/her in the higher Level, his/her pay may be restricted to that maximum under FR 22(I)(a)(3).
3. All Ministries/Departments are requested to revise the Terms/Conditions of such transfer, if any, in line with para 2 above.
4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.
5. This order takes effect from 1.1.2016.
6. Hindi version will follow.
Under Secretary to the Government of India
Source: [download original copy from DoPT.Gov.in ##download##]
Sub: Wrong Fixation of Pay on Promotion – Reg.
Ref: 1. Railway Board Circular No. F (E) II 2003/FOP/1 Misc dated 17.04.2007
2. Railway Board Circular No. F (E) II/2009/FOP/1 Misc dated 30.11.2009
3. Railway Board Circular No. F (E) II/2009/FOP/I Misc dated 27.12.2012.
4. Railway Board Circular No. 2017/F (E)II/3/3/1 dated 06.04.2017
(RBE No. 32/2017)
5. DPO/SBC Letter No. B/P.535/VII/Minst.Staff/Engg dated 10.10.2017.
6. DPO/SBC Letter No. B/P.535/VII/Minst.Staff/Engg dated 22.03.2018.
In reference to the above, I the undersigned would writing to you at this time to bring the following few lines for your kind consideration seeking sympathetic and needful action at your end please.
I Mr. K.N.Ranganath joined esteemed Indian Railway Organisation in 1997 and working Promptly, Efficiently and discharging my duties assigned proficiently till date.
During 2013, I was working as Office Superintendent in Commercial Branch at Hubli Division due to some personal reasons, I took transfer on own request on bottom seniority to Bangalore Division and posted as Junior Clerk, Works Branch at SBC.
As per Railway Board Circulars (1,2 & 3) mentioned above under reference my basic pay was fixed to Rs. 14,700/- and grade pay was reduced to Rs. 1900/- during September 2013 which was approved /vetted by Personnel Department and Accounts Department. Railway Board Circulars clearly states that “the pay will be fixed at a stage next below the pay drawn in the higher post and the difference may be granted as “Personal Pay” to be absorbed in future increments.”
“the pay in the pay band will be fixed at a stage equal to the pay in the pay band drawn by him prior to his appointment against the lower post. However, he will be granted grade pay of lower post. Further in all cases he will be continue to draw his increments based on his pay in the pay band + grade pay (lower).
During November 2017, my basic was Rs. 43,100/- with Grade Pay Rs. 1900/- as per Seventh Pay Commission. After long hardship, I was promoted as Sr.Clerk vide letter under Ref.no.5.
My Basic Pay was reduced to Rs. 39,200/- due to wrong calculation calculated by Personnel Branch.
I appealed to our DRM/SBC on date 15.12.2017 and Higher Authorities through NIVARAN Portal vide NIV/2017/012387 & NIV/2017/012512 against the injustice caused and to take corrective measures against the orders.
But, DPO/SBC issued Letter No. B/P.535/VII/Minst.Staff/Engg dated 22.03.2018 duly reducing my basic to 37,000/- from Rs. 39,200/- again once more time Rs.2200/- reduced.
In the said order calculation, “Personal Pay” of Rs. 2,300/- (difference of GP 4200 – GP 1900) is not granted during Date of Joining to SBC Division as Jr.Clerk on reversion 11.09.2013 and not absorbed in future increments too. PAY PROTECTION instructions as issued by Railway Board have not been followed in my case.
Due to wrong calculation and no mistake of mine, I am loosing Rs.9000/- per month inclusive of DA+HRA which cause huge damage to my financial life.
This clearly shows the injustice and apathy shown towards me and I request your kind goodelf with folded hands to consider my plea and restore back my basic to new basic as per Seventh Pay Commission for which act of yours I am ever grateful to you.
If the same is not considered I may be compelled to seek the justice under Court of LAW.
This is for your kind information and needful action at your end please.
Thanking You. Yours Faithfully