Pay protection/Re-fixation of pay

I have joined in Railways as Goods Guard in scale Rs. 330-530 on 1-5-1982 . I have completed Guards Training at Sini and I have been posted at Visakhapatnam on 7-7-1982. After completion of           2 years service, due to my health problems I requested the Administration for change of category. The administration offered me Office Clerk and I accepted the same and joined as Jr. Clerk in Sr.DOM's Office, Operations Branch, Waltair Division, Visakahapatnam on 27-11-1984 in scale Rs.260-400. By the time of change of category from Goods Guard to Jr. Clerk my pay was Rs.346/- in scale Rs.330-530.

 Even though I accepted the bottom seniority I expected that, my pay will be protected in the lower scale i.e.in scale  Rs.260-400. But my pay was fixed as Rs.272/- by giving 2 increments in the scale   Rs.260-400  ( Increment Rs.6/-) without any pay protection. My pay was reduced below than the initial pay i.e. below the pay at the time of date of joining. Now I am working as OS in scale Rs.9300-34800.  

 

I have given appeal to my Personnel Department in this regard. The Sr.Divl. Personnel Officer, E.Co.Raiway, Waltair has given a reply to me as my pay protection/refixation of pay w.e.f. 01-07-1984 cannot be considered as per the Railway Board's Directives vide letter No. F(E)11/91/Misc.-2 dated 24-2-1995 and CPO's Estt. Srl. No.50/95

I have seen  the above Estt. Srl. 50/95 dt. 22-3-1995 given as correction slip. 19 to incorporate as addition to para 604 of IREM Vol. I (1989) to insert as sub-para (a)(iii) of IREM (1989 edition) below sub-para (a)(ii)

"When a Government servant, holding the higher post substantively on regular basis seeks transfer from that higher post to a lower post at his own request and the pay drawn in such higher post is less than or equal to the maximum of the scale of pay of the lower post, then the pay drawn in such higher post will be protected"

I have also seen the latest Office memorandum issued by Government of India dt.5-11-2012 in this regard. Link placed below.

http://www.irtsa.net/pdfdocs/Transfer_to_lower_post_under_FR15-a_16-4-2012.pdf

I request you to kindly reveal the details to me whether the above directives applicable in my case? If applicable, from which date I am entitled for the pay protection? Is there any other directives/rules in this regard? 

Thanking you,

 

Yours Sincerely,

Chandra Mouli Prasad

 

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