भारत सरकार GOVERNMENT OF INDIA
रेल मंत्रालय MINISTRY OF RAILWAYS
(रेलवे बोर्ड RAILWAY BOARD)

No. E(P&A)II/2023/PP-2

New Delhi, dated 16.05.2023

The General Manager (P),
East Coast Railway,
Bhubaneswar

Sub: Pay protection due to joining from a post in higher level in State Government/ High Court to a post in lower level in Central Government- clarification regarding.

Ref: ECoR’s letter No(s):
(1) ECoR/Pers/ Bills(NG)/ Pay Protection/ AK/CLA, dt. 11.11.2022.
(2) ECoR/Pers/Bills (NG)/Pay Protection/ JPS/Jr.Clk, dt. 04/05.01.2022 (corrected as 04/05.01.2023)

The matter referred vide ECoR’s letters under reference has been examined in Board’s office in consultation with DoPT who advised that as per the guidelines on fixation of pay of State Government employees on appointment to the posts under administrative control of Ministry of Railways issued vide Board’s letter No. E(P&A)LI/2016/ PP-1, dt. 23.06.2016 (RBE No.73/2016) and No. E(P&A)II/2023/ PP-3 dt. 11.05.2023 (RBE No.69/2023) pay protection is admissible in cases where a State Government employee is appointed in Central Government in identical or higher Grade Pay/Level. However, these guidelines do not contain any provision for pay protection in cases where a State Government employee is appointed in Central Government in a lower Grade Pay/Level. This infers that pay protection is not admissible in cases where a State Government employee is appointed in Central Government in lower Grade Pay/Level.

ECoR is advised to take necessary action in light of the above.

(N.P. Singh)
Director, Estt.(P&A)
J Railway Board

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North Block, New Delhi-110001
Dated: 4/11/2015

OFFICE MEMORANDUM

Subject: – Counting of past service for admissibility in old pension scheme, new pension scheme, pay protection and leave accumulation to All India Services officers: clarification regarding.
I am directed to say that while introducing the New Pension Scheme from 01/01/2004, amendments to various existing rules including second proviso to Rule 1 of the All India. Services (Death Cum Retirement Benefits) Rules, 1958 were made whereby these rules became inapplicable to those appointed to All India Service and posts from 01/01/2004. The pension of the member of All India Services appointed on or after 01/01/2004 is regulated by the New Defined Contribution Pension Scheme (known as the New Pension Scheme), notified by the Ministry’ of Finance (Department of Economic Affairs)  vide their Notification No.5/7/2003-ECB2 PR dated 22/12/2003 now rechristened as National Pension System as per Section 8 of Pension Fund Regulatory Development Authority Act, 2013. The guidelines for New Pension Scheme in respect of All India Services was issued by this Department vide letter No.25014/14/2001-AIS(H) dated 08/09/2009 in terms of the instruction/guidelines notified by the Ministry of Finance.

2. Therefore, in view of the above new and changed position, this Department has received references from the State Governments and member of services for clarification in regard to counting of past services for the purpose of pensionary benefits, pay protection and leave accumulation. The matter has been examined by this Department in consultation with the Ministry of Finance (Department of Expenditure) and Department of Pension and Pensioners Welfare and has decided as under :

(i) The member of All India Services who had been an employee in pensionable establishment viz. Central/State Governments or autonomous bodies as on 31/12/2003 and appointed to All India Services on or after 01/01/2004 with proper permission shall be covered under the old non-contribution pension scheme in terms of Office Memorandum No. 28/30/2004-P&PW(B) dated 28/10/2009, which has been made applicable Mutatis-Mutandis to members of All India Services by this Department vide letter No. 25014/112013-AIS(H) dated 18/3/2013. The pay protection and leave accumulation arising out of previous service would be admissible as per
relevant rules of respective All India Services (Pay) Rules and All India Services (Leave) ‘
Rules, 1955.

(ii) Those under CPF etc will not be allowed entry into the old pension scheme on appointments from 01/01/2004.
(iii) The member of All India. Services who were appointed to government service in the Central/state governments or autonomous bodies, whether in a pensionable or non-pensionable establishment, on or after 01/01/2004 before being appointed to All India Services shall be governed by the New Pension Scheme. The pay protection and leave accumulation arising out of their previous service would be admissible as per the relevant rules of the respective Services (Pay) Rules and All India Services (Leave) Rules, 1955.
(iv) The admissibility of counting of past services for the purpose of benefits as mentioned at point (i) and (iii) above shall be subject to continuous service and technical resignation.

3. The State Governments are competent to determine the past service rendered by the member of services for such benefits as mentioned above. The service rendered by a member of All India Services before his appointment to the service under the Central Government or a State Government will count as before the said benefits subject to the fulfilment of the specific conditions provided in the All India Services (Leave) Rules, 1955 and the respective All India Services (Pay) Rules. Approval of the Central government is not necessary for counting the previous service, for such benefits. In such cases the Government of the State on whose cadre the member of service is borne/the Accountant General concerned, will have to take necessary action in consultation with the Central/Department or the State Government, if the officer had worked under the Central Government or another State Government, as the case may be, before joining the All India Services, to count such service as qualifying service for the aforesaid benefits. If any clarification is required or condonation of brea.k in service is involved, a reference may be seat to the Department of Personnel and Training in the case of members of the Indian Administrative Services, the Police Division of the Ministry of Home Affairs in the case of Indian Police Service and the Ministry of Environment. Forest and Climate Change in the case of members of Indian Forest Service.

Rajiv Jain
Under Secretary to the Government of India

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/25011_6_2014-AIS-II-04112015.pdf

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