Rule 28 - Demotion Pay
Original Rule Text
F.R. 28. The authority which orders the transfer of a Government servant as a penalty from a higher to a lower grade or post may allow him to draw any pay, not exceeding the maximum of the lower grade or post, which it may think proper:
Provided that the pay allowed to be drawn by a Government servant under this rule shall not exceed the pay which he would have drawn by the operation of Rule 22 read with Clause
(b) or Clause (c), as the case may be, of Rule 26.
What This Means
F.R. 28 deals with situations where a government employee is demoted (transferred to a lower grade or post) as a disciplinary action. This rule gives the authority making the demotion decision the power to decide the employee's salary in the lower position. Importantly, the salary they allow cannot be higher than the maximum salary for that lower grade or post. The aim is to provide flexibility in determining fair compensation after a penalty, while still ensuring it aligns with the pay scale of the new role.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies only when a transfer to a lower grade/post is a penalty.
- 2The authority ordering the transfer decides the pay in the lower post.
- 3Pay cannot exceed the maximum of the lower grade/post.
- 4Provides flexibility in determining pay after a disciplinary demotion.
- 5The rule aims to balance punishment with fair compensation.
Practical Example
Mr. Verma, a Section Officer (Grade Pay ₹4600), is found guilty of negligence in his duties. As a penalty, he is transferred to the post of Assistant (Grade Pay ₹4200). The authority imposing the penalty, after considering the severity of the negligence, decides to allow Mr. Verma to draw a pay of ₹45,000 per month in his new position. This is acceptable under F.R. 28, as ₹45,000 is within the pay scale for the Assistant post and does not exceed the maximum salary for that grade. If the maximum salary for the Assistant post was ₹44,000, Mr. Verma's pay would have to be capped at ₹44,000.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
Does F.R. 28 apply to all transfers to lower posts?▼
Can the employee's pay in the lower post be higher than their previous pay?▼
Who decides the pay in the lower post under F.R. 28?▼
What happens if the maximum pay in the lower post is less than what the employee was earning before?▼
Is there any appeal process if the employee disagrees with the pay fixed under F.R. 28?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
Under F.R. 28, which of the following conditions must be met for the rule to be applicable?