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Rule 28 - Demotion Pay | KartavyaDesk

FR/SR

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:

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

  • •Applies only when a transfer to a lower grade/post is a penalty.
  • •The authority ordering the transfer decides the pay in the lower post.
  • •Pay cannot exceed the maximum of the lower grade/post.
  • •Provides flexibility in determining pay after a disciplinary demotion.
  • •The 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.

Frequently Asked Questions

Does F.R. 28 apply to all transfers to lower posts?▼
No, it only applies when the transfer is a penalty imposed as a disciplinary action.
Can the employee's pay in the lower post be higher than their previous pay?▼
It's possible, but the pay cannot exceed the maximum of the lower grade/post, regardless of their previous salary.
Who decides the pay in the lower post under F.R. 28?▼
The authority that orders the transfer as a penalty has the power to decide the pay.
What happens if the maximum pay in the lower post is less than what the employee was earning before?▼
The employee's pay will be capped at the maximum of the lower post. F.R. 28 explicitly states that the pay cannot exceed this limit.
Is there any appeal process if the employee disagrees with the pay fixed under F.R. 28?▼
The availability of an appeal process would depend on the specific disciplinary rules and regulations applicable to the government servant. These are separate from F.R. 28 itself.

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?

Related Rules

Rule 36Fundamental Rules & Supplementary Rules - Rule 36 - Chapter IIRule 10Fundamental Rules & Supplementary Rules - Rule 10 - Chapter IIRule 1Fundamental Rules & Supplementary Rules - Rule 1Rule 114Fundamental Rules & Supplementary Rules - Rule 114 - Chapter VIIRule 113Fundamental Rules & Supplementary Rules - Rule 113 - Chapter VII

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