RBE No. 51/2008: Deputation – Extension

No.F(E)II/2008/DE1/1, dated 04.04.2008    

Sub: Deputation of Central Government Employees to ex-cadre Posts under Central/ State Governments and on Foreign service to Central/ State PSUs/ Autonomous Bodies.

In continuation of Board’s letter No.F(E)II/94/DE1/1, dated 05.12.1994 (RBE No. 110/1994), a copy of Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training’s Office Memorandum No.6/7/2003-Estt (Pay II), dated 7^th January, 2008 on the above subject, along with copies of DOP&T’s Office Memorandum dated 20^th June, 2006 and 29^th November, 2006 mentioned therein, is sent herewith for information and guidance. These orders will apply mutatis-mutandis to Railway employees also.

Please acknowledge receipt.

Ministry of Personnel, Public Grievances & Pensions,

Department of Personnel & Training

O.M.No.6/7/2003-Estt (Pay II), dated 7^th January, 2008

OFFICE MEMORANDUM

Sub: Deputation of Central Government Employees to ex-cadre Posts under Central/ State Governments and on Foreign service to Central/ State PSUs/ Autonomous Bodies.

1.     Reference is invited to this Department’s OM No.2/29/91-Estt. (Pay II), dated 5^th January, 1994 which lays down the guidelines relating to deputation of Central Government Employees to ex-cadre posts under Central/ State Governments and on Foreign Service to Central/ State PSUs/ Autonomous Bodies.

2.     Para 8.4 of this O.M. lays down that in cases where extension is beyond the fifth year or second year in excess of the period prescribed in the Recruitment Rules, the same would be allowed only after obtaining the approval of the Department of Personnel and Training, whether Central Government is the lending organization or the borrowing organization.

3.     It has now been decided to delegate the powers for extending the deputation in respect of Group ‘C’ & ‘D’ officials beyond the fifth year or second year in excess of the period prescribed in the Recruitment Rules of the ex-cadre posts to the Borrowing Authorities/ Administrative Ministries/ Departments. In such cases, the Competent Authority for granting approval for extending the deputation period would be the Secretary of the Borrowing Authority/ Administrative Department for the 4^th year or the first year beyond the normal period prescribed the Recruitment Rules and the Minister in charge thereafter. However, while considering the extension, all other conditions laid down in this Department’s O.M. dated 5^th January, 1994, as amended from time to time, may be taken into consideration and the following may specifically be examined:-

(i)    Whether the procedure for granting extension has been followed viz., whether the individual’s consent and the prior approval of the lending authority has been obtained.

(ii)    Whether the officer has been given pro-forma promotion under NBR during the period of deputation.

(iii)   If the scale of the parent cadre post has become higher after grant of pro-forma promotion, whether the pay has been regulated in terms of Para 8.7 and 8.8 of the O.M. dated 05.01.1994 read with O.M. dated 20^th June, 2006.

(iv)   Whether the initial appointment on deputation itself was from a higher scale to a lower scale (which is not permissible as per the guidelines) and if so whether the approval of the competent authority has been obtained for such an appointment.

(v)    In cases of overstay on deputation, the cases may be examined in terms of the provisions laid down in DoP&T’s O.M. No.AB.14017/30/2006-Estt.(RR), dated 29^th November, 2006.

If any of the conditions are not fulfilled, the proposal may be sent to the Department of Personnel & Training for consideration.

4.     These orders will take effect from the date of issue. Insofar as the persons serving in the Indian Audit & Accounts Department are concerned, these orders will apply for deputation outside Indian Audit & Accounts Department. Deputations within Indian Audit & Accounts Department will be regulated as per orders issued by the office of the Comptroller & Auditor General of India.

Ministry of Personnel, Public Grievances and Pensions,

Department of Personnel & Training

O.M. No.2/29/91-Estt. Pay II, dated 20^th June, 2006

OFFICE MEMORANDUM

Sub: Deputation of Central Government Employees to ex-cadre Posts under Central/ State Governments and on Foreign service to Central/ State PSUs/ Autonomous Bodies.

Reference is invited to this Department’s OM of even number dated 5^th January, 1994 which lays down the guidelines relating to deputation of Central Government employees to ex-cadre posts under Central/ State Governments and on Foreign Service to Central/ State/PSUs/ Autonomous Bodies.

Para 8.8 of this OM lays down that if during the period of deputation, on account of pro-forma promotion in the parent cadre under the Next Below Rule, the employee becomes entitled to a scale of pay higher than the scale of pay attached to the ex-cadre post, he may be allowed to complete the normal tenure of deputation, subject to the provisions laid down in Para 8.7 but no further extension of the period of deputation should be allowed in such cases.

The proposal for incorporating a provision for making the officers on deputation eligible for the benefit of pro-forma promotion if it becomes due to them while they are in the extended period of deputation, has been under consideration of the Government. It has now been decided that if an officer becomes due for pro-forma promotion in his parent cadre while in the extended period of deputation, he may be allowed the benefit of pro-forma promotion and complete the extended tenure already sanctioned but may not be given any further extension in the deputation period.

Accordingly, Para 8.8 of OM dated 05.01.1994 is amended to read as under:-

“8.8. If during the period of deputation, on account of pro-forma promotion in the parent cadre under the Next Below Rule, the employee becomes entitled to a scale of pay higher than the scale of pay attached to the ex-cadre post, he may be allowed to complete the normal/ extended tenure of deputation already sanctioned, subject to 8.7 above but no further extension of the period of deputation should be allowed in such cases.”

Insofar as the persons serving in the Indian Audit & Accounts Department are concerned, these orders are being issued after consultation with the Comptroller & Auditor General of India.

Ministry of Personnel, Public Grievances and Pensions,

Department of Personnel & Training

O.M. No.AB.14017/30/2006-Estt.(RR), dated 29^th November, 2006

OFFICE MEMORANDUM

Sub: Implications of overstay while on deputation.

It has been brought to the notice of the Government that even though the terms and conditions of deputation issued by the various Ministries/ Departments/ Offices specify the period of deputation, there have been a number of cases of overstay without the approval of the competent authority. A number of proposals for regularization of such overstay are also being received for approval by the Competent Authority. It is necessary to ensure that there is no laxity on the part of the controlling authorities in relieving the deputationist and the deputationist should not go by the presumption that he needs to join his parent cadre only after being formally relieved by the borrowing department. It has, therefore, been decided that in future all cases of deputation shall be regulated by the following conditions viz.:-

(i)     The terms and conditions of deputation shall clearly lay down not only period of deputation as per the Recruitment Rules for the post or as approved by the competent authority but also the date of relieving of the deputationist. No further orders for relieving the officer will be necessary.

(ii)    The deputationist officer including those who are presently on deputation would be deemed to have been relieved on the date of expiry of the deputation period unless the competent authority has with requisite approvals, extended the period of deputation, in writing, prior to the date of its expiry. It will be responsibility of the immediate superior officer to ensure that the deputationist does not overstay. In cases where officers are on deputation on the date of issue of these orders and the normal tenures are getting over in a period of six months, the concerned officers/ Organizations may be allowed an extension of not more than one month on a case to case basis with the approval of the DOPT.

(iii)   That in the event of the officer overstaying for any reason whatsoever, he is liable to disciplinary action and other adverse Civil/ Service consequences which would include that the period of unauthorized overstay shall not count against service for the purpose of pension and that any increment due during the period of unauthorized overstay shall be deferred, with cumulative effect, till the date on which the officer rejoins his parent cadre.

2.     Written consent of the officer concerned shall be taken to the terms and conditions of deputation (inclusive of the conditions in para 1 ibid) before the deputation orders are issued. The contents of these instructions will be conveyed to all officers presently on deputation for information/ compliance.

3.     These instructions will apply to all deputationists including State Government Officers/ All India Services officers joining Central Government posts on deputation and to officers proceeding on deputation to State Government/ autonomous & statutory institutions/ Foreign Bodies, etc.

4.     If the borrowing Organizations would like a relaxation from these terms, they should obtain approval of DoPT to it, prior to the start of deputation.

5.     Hindi version will follow.

Download Railway Board Circular RBE No. 51/2008

Forward reference ⇒ RBE No.