Deputation: RBE No.38/2016 – Transfer to Ex-cadre Posts

No.2010/F(E)II/I(I)/I, dated 21.04.2016

Sub: Transfer on deputation/ foreign service of Central Government Employees to ex-cadre posts – Delegation of powers to Ministries/ Departments/ Borrowing Organizations to extend deputation tenure upto 7 years in cases of Deputations covered by DOP&T’s O.M. No.6/8/2009-Estt.(Pay-II), dated 17th June, 2010 – regarding.

Consolidated deputation guidelines issued (DOP&T vide their O.M. No.6/8/2009-Estt.(Pay-II), dated 17.06.2010) vide Board’s letter of even No. dated 28.07.2010 (RBE No. 106/2010) and further revised vide Board’s letter of even No. dated 28.06.2013 (RBE No. 59/2013), have further been revised as per instructions issued by DOP&T vide their O.M.No.2/6/2016-Estt.(Pay-II), dated 17.02.2016. A copy of these instructions is sent herewith for information and guidance. The orders therein will apply mutatis-mutandis to Railway employees also.

Ministry of Personnel, Public Grievances and Pensions,
(Department of Personnel and Training)
O.M. F.No.2/6/2016-Estt.(Pay-II), dated 17.02.2016
OFFICE MEMORANDUM

Sub: Delegation of powers to Ministries/ Departments/ Borrowing Organizations to extend deputation tenure upto 7 years in cases of Deputations covered by DoP&T’s OM No.6/8/2009-Estt.(Pay-II), dated 17th June 2010 – regarding.

1. This Department’s OM No.6/8/2009-Estt.(Pay-II), dated 17th June, 2010 regulates Pay, Deputation (Duty) Allowance, Tenure of Deputation/ Foreign Service and other terms and conditions on the subject of deputation/ foreign service of Central Government employees to ex-cadre posts under the Central Government, State Governments, Public Sector Undertakings, Autonomous Bodies, Universities/ Union Territories Administration, Local Bodies etc. and vice-versa (copy enclosed). Subject to its applicability as provided in para 2 of the OM, these instructions cover cases of deputation/ foreign service where Central Government is either lending authority or borrowing authority or both. It provides for duration of maximum Deputation Tenure as 5 years at a stretch. As per para 8.3.1(iii) of this OM, no further extension beyond the fifth year shall be considered.
2. Various administrative Ministries/ Departments/ Borrowing Organizations have been approaching this Department for relaxation of the 5 year deputation tenure condition, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.6.2010 ibid.
3. It has been decided that if the administrative Ministries/ Departments and other borrowing organizations wish to retain an officer beyond 5 years, they may extend tenure of deputation covered by OM No.6/8/2009-Estt.(Pay-II), dated 17th June, 2010, where absolutely necessary in public interest, upto a period not exceeding 7 years at a stretch. This shall be done with the approval of the Minister of the borrowing Ministry/ Department concerned and in respect of other organizations with the approval of the Minister of the borrowing Ministry/ Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilance clearance of the Officer concerned, NOC of the lending authority, UPSC/ ACC approval wherever applicable. Thus, no case of extension shall be referred to Department of Personnel & Training, New Delhi.
4. All other terms and conditions issued vide OM No.6/8/2009-Estt.(Pay-II), dated 17th June, 2010 will remain unchanged.
5. In cases where the necessity to have deputation tenures longer than seven years is felt, the concerned administrative Ministries/ Departments/ borrowing organizations may amend the relevant Recruitment Rules of such deputation post accordingly, after following the requisite procedure. No extension of deputation beyond 7 years is to be allowed unless provided in the relevant Recruitment Rules of such deputation post. It is reiterated that no case for extension beyond five years shall be referred to DoPT.
6. It is also clarified that cases which are not covered by the OM dated 17.06.2010 including those where Central Government is neither lending authority nor borrowing authority, will continue to be decided in terms of the relevant provisions/ rules/ instructions etc. governing them.
7. These orders shall come into effect from the date of issue of this OM.

Download Railway Board Circular RBE No. 38/2016

Forward reference ⇒ RBE No.58/2017,