How to avail pay protection under fr 22b

Querist : Anonymous (Querist) 23 March 2023 This query is : Resolved
I worked in Ordnance factory Itarsi for 5 and half years in pay level 4. When I was in level 1 in OFI, I applied for railway service in pay level 2 for the post of technician grade 3. I was approved NOC by Ordnance factory. I was promoted to pay level 4 in 2022. After that I got my appointment letter from Railway Board Kolkata. So, I technically resigned on lien basis from previous department and now I have joined in rail. Now, what is the process to avail previous basic pay by the DOP&T rule of FR 22 B. Please help, guiding legal process.

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This discussion explains how to claim pay protection under FR 22B when appointed to a new government post. It clarifies that if the presumptive pay of your previous post is higher than the minimum of the new post's time scale, you can draw that higher pay during probation. Upon successful completion of probation, your pay will be fixed according to FR 22(I)(a)(2) or other relevant rules.

kavksatyanarayana (Expert) 23 March 2023
a repeated and answered query...............................

Sudhir Kumar, Advocate (Expert) 24 March 2023
already being discussed at https://www.lawyersclubindia.com/experts/how-to-avail-pay-protection-under-fr-22b--748121.asp

T. Kalaiselvan, Advocate (Expert) 24 March 2023
MANNER OF FIXATION OF PAY OF GOVERNMENT SERVANT UNDER FR 22-B(1)
CONSEQUENT TO HIS APPOINTMENT IN LOWER POST THROUGH DIRECT
RECRUITMENT, WHERE HIGHER DUTIES AND RESPONSIBILITIES ARE NOT INVOLVED
A Central Government Employee on his appointment to a post in lower Level in
different service or cadre in Central Government which does not carry duties and
responsibilities of greater importance than those attached to the post held earlier by him
on regular basis before such appointment and having a provision of probation period in
new post, may during probation draw the presumptive pay of the post held earlier by
him on regular basis, if it is higher than the minimum of the Time Scale of the new post.
He would also draw annual increments on such presumptive pay. However, it is to be
ensured that during probation, presumptive pay should always be greater than the pay
of the new post after drawl of increment(s). Subsequently, on successful completion of
his probation, his pay will be fixed under FR 22(I)(a)(2)
“F.R. 22-B.(1) Notwithstanding anything contained in these Rules, the following
provisions shall govern the pay of a Government servant who is appointed as a
probationer in another service or cadre, and subsequently confirmed in that service
or cadre-
(a) during the period of probation, he shall draw pay at the minimum of the
time scale or at the probationary stages of the time scale of the service or
post, as the case may be:
Provided that if the presumptive pay of the permanent post on which he holds a
lien or would hold a lien had his lien not been suspended, should at any time be
greater than the pay fixed under the clause, he shall draw the presumptive pay of the
permanent post;
(b) on confirmation in the service or post after the expiry of the period of
probation, the pay of the Government servant shall be fixed in the timescale of the service or post in accordance with the provisions of Rule22 or
Rule 22-C, as the case may be:…….”
[Para 2 of OM No. 12/2/2017-Estt.(Pay-I) dated 05.08.2020]

Sudhir Kumar, Advocate (Expert) 07 April 2023
has the pay protection been denied in writing?

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