16/4/20 I 2-Pay-1

Government of India

Ministry of Personnel,Public Grievances and Pensions

Department of Personnel and Training

*******

New Delhi, 5 No v ., 2012

OFFICE MEMORANDUM

Subject: Transfer to lower post under FR I 5(a).

The undersigned is directed to refer to this Department's OM No.

16/6/2001-Estt (Pay-I) dated the 14' h February, 2006, read with OM of even number

dated the 4 th January, 2007, which clarified that on transfer to the lower post/scale

under FR I 5(a), the pay of a Government servant holding a post on regular basis will

be fixed at a stage equal to the pay drawn by him in the higher grade. lino such stage

is available, the pay will be fixed at the stage next below the pay drawn by him in the

higher post and the difference may be granted as personal pay to be absorbed in future

increments. If the maximum of the pay scale of the lower post is less than the pay

drawn by him in the higher post, his pay may be restricted to the maximum under FR

22(1)(a)(3).

2. Further, it was clarified vide the OM No. No. 13/9/2009-Estt (Pay-I) dated the

21 " October, 2009 that 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).

3. The above Office Memorandum also provides that in case the transfer to a

lower post was Made subject to certain terms and conditions then the pay may be

fixed according to such terms and conditions.

4. All Ministries/Departments are requested to revise the Terms/Conditions of

such transfers in line with the para 2 above.

7)

rat

(Mukesh Chaturvedi)

Deputy Secretary to the Government of India

you can seek deputation / short term contract absorption

Where a post is required to be filled by Deputation (including Short

Term Contract)/ Absorption, it is normally laid down in the recruitment rules

that officers holding posts in a particular scale of pay who have completed

specified years of regular service in the scale are eligible to be considered.

The crucial date for determination of eligibility will be as follows:-

(i) In the case of a vacancy already existing at the time of issue of the

communication inviting nominations, the eligibility may be determined with

reference to the last date prescribed for receipt of nominations in the Ministry/

Department/ Organization responsible for making appointment to the post i.e.

originating Ministry etc.

(ii) In the case where a vacancy is anticipated, the crucial date for

determining eligibility should be the date on which the vacancy is expected to

arise.

35.6. ELIGIBILITY OF DEPARTMENTAL OFFICERS FOR APPOINTMENT

ON DEPUTATION:

In a situation where the field of promotion consists of only one post, the

method of recruitment by Deputation (including Short Term Contract)/

Promotion is prescribed so that the departmental officer is considered along

with outsiders. If the departmental officer is selected for appointment of the

post, it is treated as having been filled by promotion. Otherwise, the post is

filled by Deputation (including Short Term Contract) for the prescribed period.

In other cases, where the field of promotion is adequate i.e. there are

adequate number of sanctioned posts in the feeder grade, promotion is

provided as the first method or certain percentage of vacancies is earmarked

for Promotion and certain percentage for appointment by Deputation or Direct

Recruitment. In such cases, departmental officers in the feeder grade are

considered for promotion when they are fully qualified for discharging the

responsibilities of the higher post and satisfy the eligibility criteria. If the

departmental officer is not considered eligible or fit for promotion, it will not be

proper to consider him again for appointment by deputation. Deputation is

actually an appointment outside the normal line. It has, therefore, been

decided that the departmental officer in the feeder category who, according to

the provisions in the notified recruitment rules, are in direct line of promotion

should not be considered for appointment by deputation. Similarly, the

deputationists shall not be eligible for being considered for appointment by

promotion.

DOP&T OM No. AB.14017/2/97-Estt (RR) dated 25.5.1998.

35.2. In cases where the field of promotion or feeder grade consists of only

one post, the method of recruitment by “deputation (including short-term

contract) / promotion” is prescribed so that the eligible departmental officer is

considered along with outsiders. If the departmental candidate is selected for

appointment to the post; it is to be treated as having been filled by promotion;

otherwise, the post is to be filled by deputation / short-term contract for the

prescribed period of deputation / short-term contract at the end of which the

departmental officer will again be afforded an opportunity to be considered for

appointment to the post.

35.3.1 While providing for deputation (including short term contract)/

Absorption as a method of recruitment in the Recruitment Rules, the sources

of recruitment (Central Government, State Government, Public Sector

Undertakings etc.) and the categories and levels of officers (including pay

band and grade pay) eligible for consideration including conditions of eligibility

(i.e., number of years of service in a particular grade/pay band and grade pay)

and the qualifications and experience required, if any, should be clearly

specified in the recruitment rules.

Have you made a representation in writing to the head of the department expressing your desire to get transferred to lower cadre and to permit you?

If not you may make a representation in writing giving the details of the post you would like to get transferred and the availability of the vacancies in that department and the willingness of that department to accommodate your request.

You may try this letter if it suits your position:

O.M. No. 16/4/2012-Pay-1 05/11/2012

Transfer to lower post under FR 15(a).

Which department can I apply for transfer?. Let me know can I apply for the transfer to Tax Assistant/Executive Assistant in Central Board of Direct Taxes and Junior Accountant/Senior Accountant in Department of Telecommunication. Could you provide the specific rule for transfer, I will be helpful

You should understand the law involved in this.

You cannot apply for transfer to any such department from your original department until and unless such departments hare releasing vacancies to the posts that you would like get accommodated.

There are procedures to be followed for this namely departmental recruitment policy etc.

You first ascertain the vacancy position for the post you desire to get transferred and then follow the necessary formalities in this regard.

You have sent the OM regarding the fixation of pay on transfer to a lower post. I want an OM under which the central Government employee can seek to lower post at own request to any department in Government of India or specific rule for applying to transfer to another department in a lower post.

Kindly clarify that the FR 15(a) is only for fixation of pay or this rule can apply for transfer also

You may see this OM to see if this can solve your purpose.

O.M. No. 16/4/2012-Pay-1 05/11/2012

Transfer to lower post under FR 15(a).

As elaborated by you please go to the websites of the different departments you have cited in your mail if they requires transfer on deputation basis is the only way for you otherwise it will be a futile exercise for you so please go.