Yes you get the pay protection in the above scenario as per the government of India policy for pay protection
Fixation of pay in lower post on deputation
Sir, I want to go on deputation in the office of Controller of Communications Accounts as Junior Accountant pay matrix level -5. However, I am already in pay matrix level-6 as Assistant. In the Interest of children education, I want to go on deputation in the lower post. Can I get Pay protection in the lower post? as per FR 22 (1). What is Govt. of India rule says in pay fixation in the case of lower post. Regards, Subburaj
Asked 6 years ago in Labour
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In order to rationalise the application of pay-fixation rules, the Fundamental Rules(FRs) earlier existing on the issue were re-written in 1989. Thus the new version of FR 22 substituted old FRs 22, 22-C, 30 and 31.
This rule applied when a Government Servant was
transferred to a lower post or to a lower time-scale on his own request and the maximum
pay in the time scale of the second post was less than hissubstantive pay of the old post, pay was fixed at the maximum as initialpay.If the substantive pay of the old post is not more than themaximum of the scale of the new post, the fixation could be doneunder F.R. 22 (a) (ii) whether the transfer is at the request of
the Government servant or otherwise.
Yes you can claim for pay protection in your next organisation where you are going on deputation as you are getting the pay scale of level 6 and your new organisation will pay you there salaries as per your previous grades
Sir, Thank you for all for your prompt reply. I request to all kindly send the Office Memorandum/letter Number under which the government of India said to pay protection in the case of transfer to lower post on deputation/foreign service. If possible send an illustration of pay fixation. Let me know an employee can ask transfer on deputation to lower post. If so then the employee can claim TA/DA and luggage claim etc. It is brought to your kind notice that the verbal clarification is not acceptable by the new organization. So, if you send the concerned OM regarding pay protection is available in a lower post on deputation I will be helpful.
Asked 6 years ago
You can get the certified copy of same from your office. That will be more authenticated then internet downloaded OM
Sir Kindly intimate Office Memorandum Number under which pay protection provision is available in case an employee wants to go on a lower post on deputation. I do not want a certified copy of OM. I want only OM Number so that I can take a print and can show in my new organization. I am aware provision is there for pay protection. All the advocates are talking about the provision, but no one quotes the OM Number and date in support of his statement. Kindly intimate the OM Number and under which pay protection is available in case an employee wants to go on a lower post on deputation otherwise, my problem will not solve.
Asked 6 years ago
2/29/91-Estt(Pay II)
Government of India
Ministry of Personnel Public Grievances & pensions
Departmenrt of Personnel & Training
*****
New Delhi ,the 5th Jan.94
OFFICE MEMORANDUM
Subject :- Transfer on deputation/foreign service of Central Govt. Employees to ex-cadre posts under the Central Govt./ State Govts./Public Sector Undertakings /Autonomous Bodies Universities/UT Administration, Local Bodies etc. and Vice - versa - Regulation of pay, deputation (duty) Allowance, tenure of deputation / foreign service and Other terms and conditions – regarding
You can get the OM no and both OM copy from the head office of your government department.
Sub-clause (a) (2) of FR 22 (I) deals with fixation of Pay on appointment, from one post to another, when such an appointment does not involve assumption of higher duties and responsibilities. The appointment could be in the same pay band or in a different pay band.
In respect of Revision of Pay Scales, the guidelines given by Government each time, lay down the principles of pay fixation. In the absence of guidelines, pay should be fixed at the same stage in the revised pay scale and if there is no stage, at a next below the stage to the pay drawn in the old scale, and the difference treated as personal pay to a
absorbed in future increments.
Reversion may be due to 3 reasons
■Administrative grounds
■Penalty/Punishment – F.R28
■Own request – FR 22 a (iii)
■FR 22 (a) (iii) deals with fixation of an employee who was reverted to lower post at his request under FR 15(a). If the pay drawn in the higher post is in a stage in the lower post, the pay should be fixed at same stage but next increment should be after one year. When the pay being drawn in the higher post is not in a stage in the lower post, it should be fixed at next below the stage allowing the difference as personal pay. After such fixation, the next increment should be allowed after one year duly merging the PP. If the pay in the higher post is more than
the maximum of the time scale in the lower post, the pay should be fixed at such maximum but no PP should be allowed. The next increment should be after one year.
On repatriation to the parent department, the benefits accrued outside the regular line shall end
with the temporary term. ■
To avoid sudden drop, the pay drawn outside the regular line shall be protected treating the excess as personal pay to be merged in future rise in pay on account of grant of increments
The Government have vide G.O.Ms.No.2FINANCE (FR.II) DEPARTMENT Dated:
02.01.2010 stated that:
■ In case of the employees who have availed the maximum period of deputation of 5 years either in one organization or in different organizations, they have to necessarily work at least one year in the parent department before they are considered for further deputation to any organization.
■ In cases of employees who are repatriated to parent department due for their promotion in the parent
department, should not be considered for further deputation till they satisfactorily complete probation in the promotion post.
■ In case of employees who are repatriated to parent department for the reasons of disciplinary action, they
should not be considered for deputation till the disciplinary case is closed and the currency of punishment is completed.
■ In the case of employees who are repatriated to parent department for other reasons than promotion and
disciplinary action, such employees should not be considered for deputation till they work in parent
department at least 6 months excluding any type of leave availed by them during that period.
The department of employees from one Local Cadre post to another Local Cadre post is not permissible. It
should be strictly in accordance with Presidential Orders and G.O.Ms.No.610, GA (SPF.A) Department, dated
31.12.1985 read with GA (MC) Department’s Memo No.9543/MC/2007/12, dated:2.7.2007.
■ This order shall come into force with immediate effect.
■ The existing Para 2 (ix) of G.O(P) No.10 Fin & Plg. (FW – FR-II) dated: 22.1.1993 (Executive Instruction
(1): under FR 126) is modified as follows G.O.Ms.No.160 FINANCE (FR.II) DEPARTMENT Dated: 07.05.2010:
If you are going to lower post even by your own request then also your pay at the time of going shall be kept protected and if the grade is lower then by paying the advance increments or at the slab of the grade which is of that post to which you are adopting.
- As per the information mentioned in the present query, makes it clear that you have to go for the deputation on a lower post, but want to know whether you would get the pay protection or not.
- As per the Memorandum/ letter issued by the government of India, you should be given the pay protection irrespective of the fact as to whether you have asked for it or department has asked for the same.
- As there is no where mention as to who should ask for if the same protection may not go the person seeking the same.
- Lit me revert back to you with the number and state of its official notification as soon as possible.