Judgment :- 1. The petitioner is working as Assistant in the Office of the Assistant Divisional Engineer, Highways and Rural Works, Aruppukottai, Virudhunagar District. 2. The petitioner was appointed as Junior Assistant in the Tamil Nadu Port Department in pursuance to his selection by the Tamil Nadu Public Service Commission. The services of the petitioner were regularised with effect from 16.6.1980 and he was declared to have cleared probation on 15.6.1982. The petitioner was promoted to the post of Assistant on 9.1.1984 and granted Selection Grade with effect from 25.3.1994. 3. A policy decision was taken by the State of Tamil Nadu for formation of Tamil Nadu Maritime Board by abolishing the Port Department with effect from 18.3.1997, with the option of employees of the Port Department for being absorbed in the services of Tamil Nadu Maritime Board. The petitioner did not opt for absorption, and made a request to post him in any Government Department. 4. The petitioner was relieved from the Maritime Board on 15.9.2000 and joined the Highways Department on 22.9.2000. Government Order No.133, Highways Department dated 18.9.2000 was issued, absorbing the petitioner in the Department of Highways and Rural Works, but the petitioner was placed at the bottom of seniority list in the post of Assistant in Highways Department. 5. The Government Order also stipulated that the petitioner will not be entitled to pay protection, in the new post. 6. The petitioner being aggrieved by the impugned part of Government Order declining the pay protection, filed a representation with the second Respondent. The representation was not replied. The petitioner has challenged the impugned part of the order, on the ground that he was a permanent employee working in the department of the State Government and on absorption in the another Department of Government was entitled to pay protection under Fundamental Rules 22, which reads as under:- " FR22. The representation was not replied. The petitioner has challenged the impugned part of the order, on the ground that he was a permanent employee working in the department of the State Government and on absorption in the another Department of Government was entitled to pay protection under Fundamental Rules 22, which reads as under:- " FR22. (1) A Government servant who holds a lien on a permanent post or who would hold a lien on such a post had his lien not been suspended— (a) If appointed substantively to a permanent post on a time-scale of pay shall have his initial substantive pay fixed as follows:— (i) when appointment to the new post involves the assumption of duties or responsibilities of greater importance than those attaching to such permanent post he will draw as initial pay, stage of the time-scale next above his substantive pay in respect of the old post. (ii) when appointment to the new post does not involve such assumption, he will draw as initial pay, the stage of the time-scale which is equal to his substantive pay in respect of the old post, or if there is no such stage, the stage next below that pay, plus personal pay equal to the difference and in either case will continue to draw that pay until such time as he would have received an increment in the time scale of the old post or for the period after which an increment is earned in the time-scale of the new post, whichever is less. But if the minimum pay of the time-scale of the new post is higher than his substantive pay in respect of the old post, he will draw that minimum as initial pay; (iii) when appointment to the new post is made on his own request under rule 15 (a) and the maximum pay in the time-scale of that post is less than his substantive pay in respect of the old post, he will draw that maximum as initial pay; (b) If appointed to officiate in a permanent or temporary post. (i) and the appointment involves the assumption of duties or responsibilities of greater importance than those attaching to his permanent post, shall have his initial pay fixed subject to the provisions of rule 35 as in sub-clause (i) of clause (a). (i) and the appointment involves the assumption of duties or responsibilities of greater importance than those attaching to his permanent post, shall have his initial pay fixed subject to the provisions of rule 35 as in sub-clause (i) of clause (a). They pay of such a Government servant shall be refixed under that sub-clause on an enhancement in the substantive pay as a result of increment or otherwise, from the date of such enhancement as if he was appointed to officiate in that post on that date, where such refixation is to his advantage provided that the provisions of rule 22-B and the Note hereunder shall not be applicable in the matter of such refixation of pay. Note.—Where the increment of a Government servant in the post in which he is officiating has been withheld under Rule 24, without any reference to the increments that will accrue to him in the post held by him substantively the provisions contained in the above clause shall not apply, before the date from which orders withholding the increment finally cease to be operative. However the Government servant may be allowed during the period during which the increment is withheld his substantive pay from time to time if the same happens to be more than the officiating pay. These provisions shall also apply in respect of a Government servant whose pay in the post held by him in an officiating capacity has been withheld at a particular stage or at the efficiency bar. (ii) If, however, the appointment does not involve such assumption he shall not draw pay higher than his substantive pay in respect of a permanent post provided that Government may exempt from the operation of this rule any service and provided further that Government may specify posts of outside the ordinary line of a service the holders of which may notwithstanding the provisions of this rule be given any officiating promotion in the cadre of the service, as they would have received if still in the ordinary line. Note.—For the purpose of this clause the officiating appointment shall not be deemed to involve the assumption of duties or responsibilities of greater importance if the post to which appointment is made is on the same scale of pay as the permanent post on which he holds a lien or would hold a lien had his lien not been suspended or on a scale of pay identical therewith. (2) If the condition in sub-rule (1) that the Government servant should hold a lien or a suspended lien on a permanent post is not satisfied, the Government servant shall draw as initial pay, the minimum of the time-scale: Provided both in cases covered by sub-rule (1) and in cases other than cases of reemployment after resignation, removal or dismissal from the public service covered by this sub-rule that if he has previously held substantively or officiated in— (i) the same post, or (ii) a permanent or temporary post on the same time-scale; or (iii) a permanent post on an identical time-scale or a temporary post on an identical timescale, such post being on the same time-scale as a permanent post then the initial pay shall not be less than the pay other than special pay, personal pay or emoluments classed as pay by Government under rule 9 (21) (a) (iii), which he drew on the last such occasion and he shall count the period during which he drew that pay on such last occasion and any previous occasions, for increment in the stage of the time-scale equivalent to that pay. If however, the pay last drawn by the Government servant in a temporary post has been inflated by the grant of premature increments, the pay which he would have drawn but for the grant of those increments shall, unless otherwise ordered by the authority competent to create the new post, be taken for the purposes of this proviso to be the pay which he last drew in the temporary post. Explanation 1.—For the purposes of this rule and Rule 31-A, in the case of a Government servant, who is an approved probationer in the post he is holding or if no definite period of probation has been fixed for that post, has put in total service for a period of two years on duty within a continuous period of three years, the officiating post and pay shall be deemed as substantive post and pay provided that it is certified by the appointing authority that as far as can be reasonably foreseen the Government servant is not likely to be reverted to a lower post for want of vacancy. Explanation 2.—In Explanation 1, the expression “on duty” shall include all such periods as would have been counted for probation, if probation had been prescribed for that post. Explanation 3.—In cases where the period of absence is treated as “non-duty” under rule 18, the proviso to this sub-rule shall not apply and the period of service prior to such “non-duty” shall not count for increment. [G.O. Ms. No. 764, Personnel and Administrative Reforms (FR.III) Department, dated 31st July 1985- with effect from 31st July 1985.]" 7. Reading of the Fundamental Rule 22 leaves no manner of doubt, that pay of a person on absorption in another Department can only be reduced in case maximum scale of pay in the transferee Department is less than the pay drawn by transferee. 8. In the case in hand the petitioner was transferred to the post of Assistant carrying the same pay scale, as that of the petitioner and therefore, there is absolutely no justification for the second Respondent to refuse the pay protection to the petitioner. 9. Consequently, this writ petition is allowed. The impugned part of the order refusing the pay protection to the petitioner is quashed. 10. A Writ in the nature of mandamus, is issued directing the second Respondent to fix the pay scale of the petitioner in the transport Department, by protecting the pay last drawn by him. 11. The petitioner shall also be entitled to consequential monetary benefit. No costs.