Deputation: RBE No.15/2022 – Consolidated Guidelines

No.F(E)II/2018/Dep./1(1)/1, dated 07.02.2022

PC-VII No.180

Sub: Amendment in Para 3.4 and Para-5 of consolidated guidelines on deputation issued vide OM No.6/8/2009-Estt.(Pay-II), dated 17th June, 2010 according to 7th CPC pay structure – regarding.

1.     Consolidated guidelines on ‘Deputation’ have been issued by DOP&T vide their OM No.6/8/2009-Estt. (Pay-II), dated 17.06.2010 which have been adopted/ circulated on the Railways vide Board’s letter No.2010/F(E)II/1(1)/1, dated 28.07.2010 (RBE No.106/2010).

2.     Now, DOP&T have issued instructions vide their OM No.2/10/2018-Estt.(Pay-II), dated 02.03.2021 and No.2/9/2018-Estt.(Pay-II), 12.04.2021 amending the provisions contained in para 5 and 3.4 respectively, of their OM dated 17.06.2010 according to 7th CPC pay structure. These instructions shall apply mutatis-mutandis to Railway employees also.

3.     The instructions dated 02.03.2021 shall take effect from 01.01.2016 and shall be applicable to all officers who were on deputation on 01.01.2016 or appointed thereafter except for the revised rates of Deputation (Duty) Allowance which shall be applicable from 01.07.2017. A copy of these instructions is sent herewith for information/ guidance.

4.     Please acknowledge receipt.

Ministry of personnel, Public Grievance and Pensions

Department of Personnel and Training

F.No.2/10/2018-Estt.(Pay-II), dated 02.03.2021

OFFICE MEMORANDUM

Sub: Amendment of Para 5 of consolidated guidelines on deputation issued vide OM No.6/8/2009-Estt.(Pay-II), dated 17.06.2010 according to 7th CPC pay structure – regarding.

1. Department of Personnel and Training’s OM No.6/8/2009-Estt.(Pay-II), dated 17th June, 2010 regulates the Pay, Deputation (Duty) Allowance, Tenure of Deputation/ Foreign Service and other terms and conditions 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. 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.

2. Para 5 of aforesaid OM dated 17th June, 2010 provides the method of pay fixation on deputation from Central Government to Central Government, in foreign service/ Reverse Foreign service.

3. Consequent upon the implementation of the recommendations of the 7th Central Pay Commission, it has been decided to amend the provisions of Para 5 of this Department’s OM No.6/8/2009-Estt. (Pay-II), dated 17th June, 2010 with following paras:

“5.    Pay fixation:

5.1   When an employee on deputation/ Foreign Service elects to draw pay in the Level (in Pay Matrix) attached to the ex-cadre post, his/her pay may be fixed as under:

(i)      Deputation from Central Government to Central Government:

If the Level (in Pay Matrix) of the ex-cadre post is higher than that of the parent cadre post, an increment shall be given in the Level (in Pay Matrix) of parent cadre post and he/she shall be placed at a Cell equal to the figure so arrived at in the Level (in Pay Matrix) of the ex- cadre post; and if no such Cell is available in the Level (in Pay Matrix) of the ex-cadre post, he/she shall be placed at the next higher cell in that Level.

In case Levels (in Pay matrix) of the ex-cadre post and the parent cadre post of the employee are identical, the employee would continue to draw his/her basic pay.

The basic pay from time to time after pay fixation should not exceed the maximum of the pay in the level of the ex-cadre post.

(ii)     In foreign service/ Reverse Foreign Service:

(a) When the Level (in Pay Matrix)/ Pay Scale of the post in the parent cadre and that attached to ex-cadre post are based on the same index level and the DA pattern is also same, the pay may be fixed as under (i) above.

(b) If the appointment is made to a post whose pay structure and/or Dearness Allowance (DA) pattern is dissimilar to that in the parent organization, pay may be fixed by adding one increment to the basic pay of the substantive post in the parent cadre, (and if he/she was drawing pay at the maximum of the scale, by the increment last drawn) and equating the pay so raised plus dearness allowance (and additional or ad-hoc dearness allowance, Interim relief etc., if any) with emoluments comprising of basic pay plus DA, ADA, Interim Relief etc., if any, admissible, in the borrowing organization and the pay may be fixed at the stage in the Pay Scale/ Level (in Pay Matrix) of the ex-cadre post at which total emoluments admissible in the ex-cadre post as above equal the emoluments drawn in the cadre and if there is no such stage, pay may be fixed at the next higher stage.

In case of reverse foreign service if the appointment is made to post whose pay structure and/or DA pattern is dissimilar to that in the parent organization, the option for electing to draw the basic pay in the parent cadre [along with the Deputation (Duty) Allowance thereon and the personal pay, if any] will not be available to such employee. It is also clarified that Terms and Conditions in case of appointment on deputation made prior to 01.07.2017 shall be continued as per the mutually agreed terms and conditions already set.

(c) The basic pay from time to time after pay fixation should not exceed the maximum of the pay in the level of the ex-cadre post.

5.2   In cases of appointment from one ex-cadre post to another ex-cadre post where the employee opts to draw pay in the Level (in Pay Matrix)/ Pay Scale of the ex-cadre post, the pay in the second or subsequent ex-cadre post should be fixed under the normal rules with reference to the pay in the cadre post only. However, in respect of appointments to ex-cadre posts carrying Level (in Pay Matrix)/ Pay Scale identical to that of the ex-cadre post(s) held on an earlier occasion(s), it may be ensured that the pay drawn in subsequent appointment should not be less than the pay drawn earlier.

5.3   In cases of appointments to a second or subsequent ex-cadre post(s) in a higher Level (in Pay Matrix)/ Pay Scale than that of the previous ex-cadre post, the pay may be fixed with reference to the pay drawn in the cadre post and if the pay so fixed happens to be less than the pay drawn in the previous ex-cadre post, the difference may be allowed as personal pay to be absorbed in future increases in pay. This is subject to the condition that on both the occasions, the employee should have opted to draw pay in the Level (in Pay Matrix)/ Pay Scale attached to the ex-cadre posts.”

4.     These orders will take effect from 01.01.2016 and shall be applicable to all officers who were on deputation on 01.01.2016 or appointed thereafter except for the revised rates of Deputation (Duty) Allowance which shall be applicable from 01.07.2017.

5.     In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders will apply for deputation outside Indian Audit and Accounts Department as concurred in by the Comptroller and Auditor General of India.

6.     Hindi version will follow.

Ministry of personnel, Public Grievance and Pensions

Department of Personnel and Training

F.No.2/9/2018-Estt.(Pay-II), dated 12.04.2021

OFFICE MEMORANDUM

Sub: Amendment in Para 3 .4 of deputation guidelines issued vide 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. 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.

2.     Para 3.3 of aforesaid OM dated 17th June, 2010 provides that a person in a higher grade pay/ scale of pay shall not be appointed on deputation to a post in lower Grade Pay/ scale of pay if the deputation is from Central Government to Central Government and also in cases where the scale of pay and dearness allowance in the parent cadre post and ex-cadre post are similar.

3.     Para 3.4 of DoPT OM dated 17th June, 2010 further provides that:

“3.4 However, no appointment on deputation/ foreign service shall be made from/to Central Government/ an organization where the pay scale and DA in the parent cadre post and ex-cadre post are dissimilar, if the basic pay in the parent cadre increased by one increment plus dearness allowance(s) including interim relief if any, admissible to a person in the parent cadre post exceeds the basic pay plus dearness allowance(s) including interim relief if any, at the maximum of the pay scale of the ex-cadre post. In the revised pay structure, the maximum of the scale would mean the sum of the Grade Pay of the ex-cadre post and maximum of the pay Band PB-4 i.e. Rs.67000. For example, if the ex-cadre post is in the Grade Pay of Rs.4200, then the maximum would be Rs.71200 i.e. Rs.4200 plus Rs.67000 (maximum of PB-4).

4.     Consequent upon the implementation of 7th CPC, it has been decided to amend the provisions in respect of Para 3.4 of this Department’s OM No.6/8/2009-Estt (Pay-II), dated 17th June, 2010 with the following para:

Revised Para 3.4:

“However, no appointment on deputation/ foreign service shall be made from/to Central Government/ an organization where the scale of pay and DA pattern in the parent cadre post and ex-cadre post are dissimilar, if the basic pay in the parent cadre increased by one increment plus dearness allowance(s) including interim relief if any, admissible to a person in the parent cadre post exceeds the basic pay plus dearness allowance(s) including interim relief, if any, at the maximum of the pay level in the pay matrix/ pay scale of the ex-cadre post. In the revised pay structure, the maximum of the scale would mean the last cell of any Level in the Pay Matrix.

Illustration:

In case of an appointment on deputation basis, from an organization to an ex-cadre post in the Central Government in Level-7 in the Pay Matrix, where the pay scale and DA pattern of the parent cadre post and ex-cadre post in Central Government are dissimilar, no appointment can be made to such post, if the basic pay in the parent cadre increased by one increment plus Dearness Allowance(s) including interim relief, if any, admissible in the parent cadre post exceeds the basic pay at the maximum of the Level-7 of the Pay Matrix i.e. Rs.142400 plus Dearness Allowance (s), including interim Relief, if any.

5.     All other terms and conditions issued vide OM No.6/8/2009-Est (Pay-II), dated 17th June, 2010, as amended from time to time, will remain unchanged.

6.     In so far as employees belonging to Indian Audit and Accounts Department are concerned, these orders will apply for deputation outside Indian Audit and Accounts Department, as concurred in by the Comptroller and Auditor General of India.

7.     Hindi version will follow.

Download Railway Board Circular RBE No.15/2022                                             

Forward reference ⇒ RBE No.

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