petitioners have correctly re-fixed the pay of the first respondent on the basis of the DoPT OM dated 21.10.2009, wherein in para-2, it has been clarified that consequent upon implementation of the revised pay structure comprising grade pays and running Pay Bands w.e.f. 1.1.2006 in cases of appointment of Government servants to posts carrying lower Grade Pay under FR 15(a) on their own request, the pay in the pay band of the Government servant will be fixed at a stage equal to the pay in the pay band drawn by him prior to his appointment against the lower post. However, he will be granted grade pay of lower post. Further, in all cases, he will continue to draw his increments based on his pay in the pay band + grade pay (lower). When the first respondent has voluntarily sought the transfer to a lower post i.e., Lower Division Clerk under FR 15(a), she cannot seek for protection of her pay at a stage equal to the pay drawn by her in the higher grade, for the reason that the latter part of the said FR 15(a) clearly states that if the maximum of the pay scale of the lower post is less than the pay drawn by him/her in the higher post, his/her pay may be restricted to the maximum under FR 22(1)(a)(3). However, the second respondent has erroneously set aside the order dated 26.09.2012 and has directed the
