RBE No. 12/2020: Fixation of Pay – Own Request Transfer to Lower Post

No.F(E)II/2003/FOP/I(Misc), dated 28.01.2020

Sub: 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 the unit – clarification regarding.

1. Instructions regarding 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)] have 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. Ministry of Railways 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 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)]. Accordingly, his pay was fixed in terms of Rule 1313(I)(a)(3) of IREC, Vol-II [FR-22(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)(1) [FR-22(1)(a)(1)] or Rule 1313(I)(a)(2) [FR-22(1)(a)(2)] of IREC, 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-I [FR-15(a)] and his/ her pay is protected in terms of Rule 1313(I)(a)(3) of IREC, Vol-II [FR-22(1)(a)(3)]. However, if subsequent regular promotion in the adopted cadre in higher post/ grade/ Level happens to be in same or lover grade/ Level/ post than the grade/ post/ level of the higher post had on regular basis from which he/ she is transferred to a lower post/ Level under Rule 227(a)(2) of IREC, Vol-I [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 IREC, Vol-I [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.

Situation-2
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(1)(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)(1) [FR-22(I)(a)(1)] or Rule 1313(I)(a)(2) [FR-22(1)(a)(2)] of IREC, Vol-II or otherwise ?
Clarification received from DoP&T on the matter:
Same mechanism of pay fixation mentioned for situation 1 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) of IREC, 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-I [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 situation 1 and 2 as per the aforementioned clarifications furnished by the Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions.
4. Hindi version is enclosed.
5. Please acknowledge receipt.

Download Railway Board Circular RBE No.12/2020

Forward reference ⇒ RBE No.