One Day, One Minute, One Rule --– 28
28. What does the Department of Posts' letter on Fundamental Rule 15(a) say about accepting requests for transfer to a lower post, and what are the key considerations for officials and authorities?
The Department of Posts' letter clarifies that accepting a request for transfer to a lower post under Fundamental Rule (FR) 15(a) is not mandatory. The competent authority has the discretion to accept or reject such a request. The letter emphasizes that these requests should not be invoked in a routine manner and should be examined on a case-by-case basis. They should only be approved in "rarest of the rare cases" with the reasons recorded in writing. This is because a transfer with pay protection creates an additional financial burden on the public exchequer.
For an employee to be considered for pay protection upon transfer, they must hold a
lien on the higher-paying post before the transfer. A lien represents the right of a government employee to hold a regular post. This benefit is available to employees who are confirmed in their entry-level post or have completed probation in a promoted post.
When considering a request, the competent authority, which is the Chief Postmaster General for postal circles , must take into account the genuineness of the official's reasons and the sanctioned/working strength of the grade/cadre they are currently in. The department also provides an example: an official promoted to Inspector Posts who has not completed their probation period, and is then transferred back to a Postal Assistant post, will have their pay fixed at the level they would have been at if they had never been promoted
(DG (P) No. 1-1/2016-SPN II(Pt) dated 18.11.2019)
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