• Pay fixation regarding transfer to lower post.

Sir,
I was transferred to lower post on own request in same department. before transfer (20.10.2015) my basic was 9710 + 4200 GP = 13910. after transfer(22.10.2015) my basic was fixed 9710 + 2400 GP & 1800 drawn in personal pay head which is absorbed in future increments.
my question as below:-
1. Is difference pay Rs. 1800 add with pay band 9710 and can pay fix as (9710+1800) +2400?
2. O.A.NO.1406 OF 2013 dated 17.11.2014 (Paramjeet Singh vs Union Of India) is beneficial for me?

Sir, please guide me.
Asked 4 years ago in Labour

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7 Answers

File an suit in the high court for your claim in promotion

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1) Here you had accepted this lower post against the transfer of your post to different place, so this is conditional transfer and your transfer has been stop on your request.

2) Have you given your request in writing or oral?

3) All this transfer procedure and accepting lower grade possession, where mentioned in the writing from higher authority plus HOD and have received new appointment letter for accepting lower grade possession.

4) If the proposl and acceptance if this agreement has done in writing without fraud, misrepresentation plus coercion snd undue influence than its valid otherwise not.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) For pay scale adjustment you have first talk to your HOD, check what they say and narrate them all your issues and try to convince them. It will be great if you sorted out your problem internally.

2) If you have make the legal issue and drag to court that will be more costly expenses than what you will recieve in the life time of your service.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

In my opinion, the referred law is very aptly applicable to your case.

You can make a written representation to the competent authorities through proper channel in this regard requesting for pay protect as per the last pay drawn in the higher post.

The following extract from the referred citation is the point most appropriate to your situation:

Respondents are directed to afford the applicants protection of pay as envisaged in FR 22(1)(a)(2) subject to the ceiling as contained in FR 22(1)(a)(3). The calculation as contained above would meet the requirement without offending the provisions of FR. If so desired, the respondents may consider either amendment to the statutory provisions in the FR or else issue a fresh notification which would not be in conflict with the statutory provisions

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

i was reverted from higher post (9710+4200) to lower post (9710+2400) for accept transfer on own request . at present in 7th CPC my basic fixed on 01.01.2016 31,400/- in level 4 which is more lower than my earlier post.to

please reply how to relief from this problem?

The referred settled law has an answer to your this question too:

You may go thorough the below mentioned extract:

Though the applicants stood transferred to the lower post in 2008, since the revised pay structure was to be effective from 1.1.2006, the applicants pay was revised in the grade of Tax Assistants and further in the grade of Senior Tax Assistant and based on that their pay fixation was made in the lower post of Tax Assistant on transfer under FR 15(a) by allowing them pay protection. While the matter stood thus, the DoP&T issued O.M. dated 21.10.2009 laying down the following procedure for fixation of pay:

2. Consequent upon implementation of the revised pay structure comprising Grade Pays and running Pay Bands, w.e.f. 1.1.2006 in cases of appointment of Government servants to posts carrying lower Grade Pay under FR 15(a) on their own request, the pay in the Pay Band of the Government servant 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 continue to draw his increments based on his pay in the Pay Band + Grade Pay (lower).

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

my question as below:-

1. Is difference pay Rs. 1800 add with pay band 9710 and can pay fix as (9710+1800) +2400?

2. O.A.NO.1406 OF 2013 dated 17.11.2014 (Paramjeet Singh vs Union Of India) is beneficial for me?

The calculation and re-fixation as passed in the impugned judgment is reproduced below for your perusal, hope this will clarify if you are pursuing this matter with the authorities to rely the base for the desired relief

Thus, applying the same in the instant case the calculation would be as under:-

Total pay drawn by the applicant No.1 at the time of his transfer is Rs.13910/-. This contains the element of Grade Pay of Rs.4,200/- as well. At the time of fixation of pay in the lower post, necessarily the grade pay should be restricted to Rs.2,400/-. Thus, subtracting Rs.2,400/- from the total amount of Rs.13,910/-, the balance i.e. Rs.11,510/- would be construed to constitute the pay in the pay band of Rs.5,200-20,200. The applicants pay would then be Pay in the Pay Band of Rs.5,200-20,200:Rs.11,510/-

Grade Pay: Rs. 2,400/-

Total : Rs.,13,910/-

Pay as on 01.07.2008 (after grant of one increment of Rs.420 being 3% of total pay Rs.13,910 after rounding off to the nearest ten )

Pay in the Pay Band of Rs.5,200-20,200: Rs.11,930/-

Grade pay attached to the post : Rs. 2,400/-

Rs.14,330/-

Date of Next Increment: 01.07.2009

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Yes but you service rules will be more beneficial and helpful in this regards

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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