CHAPTER 20 Section B. - Transfer of Railway employees to other governments, departments, Companies, Corporations etc.
2023.��Application:--These orders will apply
to all Central Govt. employees including Railway employees who are regularly
appointed on deputation/foreign service in accordance with Recruitment Rules of
the ex-cadre posts under the same or some other Departments of Central
Government or under the State Governments/Union Territories
Administration/Local Bodies or Under Central/State PSUs/Autonomous Bodies etc.
(where such foreign service has been permitted in relaxation of appointment on
immediate absorption conditions).� These
orders will also cover the cases of regular appointment as per Recruitment
rules in the Central Government on deputation/foreign service of employees of
State Governments/Central/State PSUs/Autonomous bodies, Local Bodies etc.�� However, the following cases shall not be
covered under these orders for whom separate orders exist. (a) Members
of the All India Services and those deputed to posts whose terms are regulated
under specific statutory rules or orders; (b)�
Officers appointed on deputation to posts in the Central Secretariat such as
Under Secretary, Deputy Secretary, Director, Joint Secretary, Additional
Secretary, Secretary etc. for whom separate orders as issued from time to time
will continue to apply; (c)�
Deputation to posts outside India; (d)� Appointments
of a specific category or employees to a specified class of posts where special
orders are already in existence such as appointments made in the personal staff
of Ministers etc., to the extent the provisions contained therein are at a
variance with those contained in these orders; (e)� Appointments
of the nature of deemed deputation or transfers to ex-cadre posts made in
exigencies of services with the specific conditions that no deputation (duty)
allowance to be admissible e.g. (i) interim arrangements in the event of
conversion of a Government office/Organisation or a portion thereof into a
PSU/Autonomous Body or vice versa; and (ii) appointments to the same post in
another cadre.
2.� Scope
of Term �deputation/foreign service�-Restrictions on treating an appointment as
on deputation/foreign service.� 2.1���The
terms deputation/foreign service will cover only those appointments that are
made by transfer on a temporary basis provided the transfer is outside the
normal field of deployment and is in the public interest. The question whether the transfer is outside the
normal field of deployment or not will be decided by the authority which controls
the service or post from which the employee is transferred. 2.2 Appointment of service employees made either by
promotion or by direct recruitment with open market candidates whether on
permanent or temporary basis shall not be regarded as deputation/foreign
service. 2.3 Permanent appointments made by transfer will
also not be treated as deputation/foreign service. 2.4 Temporary appointment made on the basis of
personal requests of employees will also not be treated as deputation/foreign
service. 2.5 �In case of appointments on deputation/foreign
service from Central Government to Central Government and in those cases where
the scale of pay and dearness allowance in the parent cadre post and ex-cadre
post are similar, a person in a higher scale of pay shall not be appointed on
deputation to a post in a lower scale of pay. 2.6��In case of appointment on deputation/foreign
service from Central Government to Public Sector Undertaking and in those cases
where the pay scale and DA in the parent cadre post and ex-cadre post are
dissimilar, no appointment/foreign service shall be made if by raising the
grade pay by one increment plus dearness allowance(s) including interim relief,
if any, admissible to a person in parent cadre post exceeds the emoluments
comprising pay plus dearness allowance(s) including interim relief, if any at
the maximum of the ex-cadre post.
3. Exercise
of option 3.1��An
employee appointed on deputation/foreign service may elect to draw either the
pay in the scale of pay of deputation /foreign service post or his basic pay in
the parent cadre plus deputation (duty) allowance thereon plus personal pay, if
any. 3.2 The
borrowing authority should obtain the option of the employee within one month
from the date of joining the ex-cadre post unless the employee has himself
furnished the option. 3.3 The
option once exercised shall be final.�
However, the employees may revise the option under the following
circumstances which will be effective from the date of occurrence of the same.
(a)
when he
receives proforma promotion or is appointed to non-functional selection grade
in his parent cadre. (b)�
When he is reverted to a lower grade in his parent cadre. (c)�
When the scale of pay of the parent post on the basis of which his emoluments
are regulated during deputation/foreign service or of the ex-cadre post held by
the employee on deputation /foreign service is revised either prospectively or
from a retrospective date. (d) Based
on the revised/same option of the employees, in the event of proforma promotion
appointment to non-functional selection Grade revision of scales of pay in the
parent cadre, the pay of deputationists will be refixed with reference to the
revised entitlement of pay in the parent cadre. However, if the initial option
was for the pay scale of the deputation post and no change in option already
exercised is envisaged the pay already drawn in deputation post will be
protected if the pay refixed in less. NOTE: --�
Revision in the rates of DA, HRA or other allowances either in the�� parent or borrowing organization shall not
be on occasion for revision of the earlier option.
3.4� If the pay of an employee in his cadre post
under-goes downward revision, the pay in the ex-cadre post is also liable to be
re-fixed in the basis of revised pay and in accordance with the revised option
or existing option if the employee does not revise his option.
4. Pay
Fixation: --� 4.1 When
an employee on deputation/foreign service elects to draw pay in the scale
of� pay attached to the ex-cadre post,
his pay may be fixed as under : (i) Deputation from Central Govt. to Central Govt.
������������ ���������� Pay
may be fixed under normal rules. (ii) In foreign service/Reverse Foreign Service.
(a)�
when the pay scale of the post in the parent cadre and that attached to
ex-cadre post are based on same index level and the DA pattern is also same, the
pay may be fixed under the normal fundamental Rules. (b)�if the appointment is made to a post whose pay structure and/or DA pattern is
dissimilar to that in the parent organization, pay may be fixed by adding to
his grade pay, one increment in the scale of his regular parent post) and if he
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
pay plus DA, ADA, Interim relief etc., if any, admissible in the borrowing Organisation and the pay may be fixed at the stage in the pay scale of
admissible in 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.
(iii)
Pay fixed
under ( i ) and ( ii ) shall� neither be
less than the minimum of the scale of the ex-cadre post nor shall it exceed the
maximum of that scale.
4.2
In cases of appointments from one ex-cadre to
another ex-cadre post where the employee opts to draw pay in the scale of the
ex-cadre post, the pay in the second or subsequent ex-cadre post, should be
fixed under the normal rule as with reference to pay in the cadre post
only.� In respect of appointments to
ex-cadre posts on time scale of pay identical with the time scale of pay of ex-cadre
post held on an earlier occasion(s) the benefit of proviso I (iii) to FR 22
will be admissible.
4.3
In cases of appointment to a second or
subsequent ex-cadre post(s) in a higher 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 employees should have opted to draw pay in the scales of pay
attached to the ex.-cadre post. Note: --1.� The term parent post basic pay means the post
held on regular basis in the�� parent
Organisation and pay drawn/admissible in such a post respectively. 2.�
An officer who may be holding a higher post on ad-hoc basis in the cadre
at the time of proceeding on deputation/foreign service would be considered to
have vacated the post held on ad-hoc basis and proceeded on deputation/foreign
service from his regular post. During his deputation/foreign service, he shall
earn notional increments, in his regular post only. On his reversion if he is
re-appointed to� the higher post on
regular or� ad-hoc basis his pay will get
fixed w.r.t. the pay admissible in the lower post as on date of promotion. In
such cases, if his pay gets fixed at a stage lower than that of his junior(s)
who continued to serve in the cadre,� no
stepping up will be admissible as per extant rules in so far as Central Govt.
employees are concerned. However, if the pay so fixed is less than the pay
drawn earlier while holding the post on ad-hoc basis the pay earlier drawn will
be protected.� Therefore, those Central
Govt.� employees who are already holding
a higher post on ad-hoc basis on or expecting it shortly in the parent cadre
may weight all the relevant considerations before opting for deputation/foreign
service� This note of caution will be
applicable to employees of other organizations wishing to apply for posts on
deputation in Central Govt. if governed by similar rules in parent organization. 3.�
Pay of officer appointed on deputation/foreign service on ad-doc basis
pending selection of a regular incumbent may also be regulated in accordance
with provisions of para 4.1 & 5.1 subject to the condition that� if the said officer does not fulfil the
eligibility conditions laid down in the Recruitment Rules of the ex-cadre post,
his pay in the scale of the ex-cadre post, if so opted, shall be subject to the
restrictions under FR 35.� Where the
Recruitment Rules of the post have not been notified such restrictions may be
enforced if he is ineligible to hold a post in equivalent/ analogous grade in
his own cadre.� This will also cover
appointments on personal staff of dignitaries other than Ministers who have
been allowed to make appointments of their personal staff at their discretion. 4.�
The provisions of this Rule as well as Rule-5 will not apply to
appointments on Personal Staff of Minister. Such appointment will be regulated
by separate specific order issued by the govt. in that behalf.����
5.� �Deputation
( duty ) allowance:
5.1 The deputation (duty) allowance admissible
shall be at the following rates:
(a)
5% of the
employee�s basic pay subject to a maximum of Rs.500/- p.m. when the transfer is
within the same station;
(b) 10% of the
employee�s basic pay subject to a maximum of Rs.1000/- p.m. in all other cases; The deputation (duty) allowance as above shall be
further restricted as under:-
(i) Pay Plus Deputation (duty) Allowance does not exceed
the maximum of scale of pay of ex-cadre post,
(ii) �In the cases
where pay scales are dissimilar then pay plus deputation (duty) allowance plus
DA/ADA/IR etc. does not exceed the pay at the maximum of ex-cadre post plus DA
& IR etc. thereon.
(iii)
��Pay plus
deputation (duty) allowance as above shall at no time exceed Rs. 22,400/- p.m. NOTE: 1�� The term �same station� for this purpose
will be determined with reference to the station where the person was on duty
before proceeding on deputation/foreign service. NOTE: 2��� When there is no change in the headquarters
with reference to the last post held, the transfer should be treated as within
the same station and when there is change in headquarters it would be treated
as not in the same station.� So far as places
falling within the same urban agglomeration of the old headquarters are
concerned, they would be treated as transfer within the same station.
5.2
Special rates of deputation (duty) allowance
may be admissible under separate orders in any particular area on account of
the condition of living there being particularly ardous or unattractive.� Where special rate is more favourable than
that under para 5.1 above, employees deputed to the area will be given the
benefit of the special rate.�
5.3
Whenever extension of the period of
deputation for the fifth year or the second year in excess of the period
prescribed in the Recruitment Rules is granted, it would be on the specific
understanding that the officer would not be entitled to draw deputation (duty)
allowance.� The officers who opted to
draw pay in the scale of the ex-cadre post shall however continue to draw pay
in that scale during the extended tenure also.
5.4
If an employee with the permission of the
competent authority proceeds on deputation/foreign service from one ex-cadre
post to another ex-cadre post in the same or another organization without
reverting to his parent cadre, and if the second ex-cadre post is at the same
station as the first ex-cadre post, then the rate of deputation (duty) allowance
would remain unchanged.
5.5
In cases where a person on deputation/foreign
service is transferred by the borrowing authority from one station to another
without any change in the post held by him, the rate of deputation� (duty) allowance will remain the same as was
decided at the time of initial posting and will not undergo any change. 6.�
Admissibility of other pay
allowances and benefits while on deputation /foreign service.� 6.1 Any project allowance admissible in a project
area in the borrowing organization may be drawn in addition to deputation
(duty) allowance.
6.2 Any special pay granted to an employee in the
parent department under FR 9 (25) or a corresponding rule of parent
organization should not be allowed in addition to deputation (duty) allowance.� However, the borrowing department may allow
in addition to deputation (duty) allowance under special circumstances any
special pay attached to the post held by the employee in his/her Parent
Department , by suitably restricting the deputation (duty) allowance.� This will require the specific and prior
approval of Department of Personnel & Training.
6.3
In case special pay is attached to the scale
of pay of the ex-cadre post and the employee has opted to draw pay also in that
scale, in addition to his pay in that scale he will also be entitled to draw
such special pay.� However, such special
pay will not be admissible if he has opted to draw grade pay plus deputation
allowance.
6.4
Personal Pay, if any, drawn by an employee in
his parent department will continue to be admissible on deputation/foreign
service if he opts to draw grade pay plus deputation allowance.� No deputation allowance o n this personal pay
will however, he admissible.
6.5
Increments:--The
employee will draw increment in the parent grade or in the grade attached to
the deputation post as the case may be, depending� on whether he has opted for his own grade pay
plus deputation (duty) allowance or the time scale of the deputation post. If
he has opted for time scale of the deputation post, notional increment shall
also continue to accrue to him in the post held on regular basis in parent
cadre/organization for the purpose of regulation of pay on reversion back to
parent post at the end of tenure.
6.6
Admissibility
of allowance and benefits while on deputation /foreign service.
(a) Such
allowances as are not admissible to regular employees of corresponding status
in the borrowing organization, shall not be admissible to the officer on
deputation/foreign service, even if they were admissible in the parent
organization.
(b)
�Following
allowances will be regulated with mutual consent of the lending and borrowing
organization :
(i) HRA/CCA
(ii) Joining Time and Joining Time Pay.
(iii) Travelling
Allowances and Transfer T.A.
(iv) Children Education Allowance
(v) LTC.
(c)� Following
Allowances/Facilities will be regulated in accordance with the rules as
explained against each.
(i)
Dearness
Allowance- The employee shall be entitled to dearness allowance at the rates
prevailing in the borrowing organization or in the lending Organisation
depending on whether he has opted for to draw pay in the time scale of the
ex-cadre post or his own grade pay plus deputation (duty) allowance.
(ii) Medical Facilities- This will be
regulated in accordance with the rules of borrowing Organisation.
(iii)
Leave- An officer on deputation/foreign
service shall be regulated by the leave Rules of the parent Organisation. If
however, an employee proceeds from vacation department to non-vacation
department, or v ice-versa, he shall be governed by leave Rules of the
borrowing organization. At the same time of reversion from the deputation post
to the parent cadre, the borrowing organization may allow him/her leave not
exceeding two months. The employee should apply for further leave to his cadre
controlling authority.
6.7
Leave, Salary and Pension Contribution:-- As at present allocation of leave salary and pension
contribution between different Ministries/Departments of Central Government and
between Central and State Governments has been dispensed with.� In such cases of deputation from Central
Government to State Government and vice-versa, liability for bearing leave
salary vests with the department from which�
the officer proceeds on leave or which sanctions leave and no contributions
are payable to the lending organization.�
Liability for pension/employee�s contribution to GPF will be borne by
the parent department, to which the Officer permanently belongs at the time of
retirement and no proportionate contribution will� be recovered.
(ii)
In case of deputation of Central Government
employees on foreign services to Central Public Sector Undertakings/State
Public Sector Undertakings and Autonomous Bodies etc. leave salary contribution
(except for the period of leave availed on foreign service) and pension Contribution/CPF
(Employers share) contribution are required to be paid either by the employee
himself or by the borrowing organization to the Central Government. (iii) In case of reverse deputation from Central Public Sector Undertakings/State Public Sector Undertakings/Autonomous Bodies to Central Government the question regarding leave salary and pension contribution will be decided by mutual consent. 7. �����Tenure of deputation /foreign service:� 7.1����The
period of deputation/foreign service shall be subject to a maximum of three
years in all cases except for those posts where a longer period of tenure is
prescribed in the Recruitment Rules.
7.2
The Administrative Ministry/borrowing
organization may grant extension beyond this limit upto one year, after
obtaining orders of their Secretary (in the Central Govt. and Chief Secretary
in the State Govt.) Equivalent level officer in other cases where such
extension is considered necessary in public interest.
7.3 �The borrowing
Ministries/Departments/Organisations may extend the period of deputation for
the fifth year or for the second year in excess of the period prescribed in the
recruitment Rules where absolutely necessary, subject to the following
conditions.
(i)
�While according extension for the fifth year,
or the second year in excess of the period prescribed in the Recruitment Rules,
the directive issued for rigid application of the tenure rules should be taken
into consideration and only in rare and exceptional circumstances such extension
should be granted.
(ii) The extension should be strictly in public
interest and with the specific prior approval of the concerned Minister of the
borrowing Ministry/Department and in respect of other organization, with the
approval of the Minister of Ministry/Department with which they are
administratively attached.
(iii) Where such extension is granted it would be on
the specific understanding that the officer would not be entitled to draw
deputation (duty) allowance.
(iv)
The extension would be subject to the prior
approval of the lending organization, the officer on deputation, and wherever
necessary, the UPSC/State Public Service Commission Appointments Committee of
the Cabinet (ACC).
(v) If the borrowing organisation wishes to
retain an officer beyond the prescribed tenure, it shall initiate action as
above for seeking concurrence of lending organization, individual concerned
etc. 6 months before the date of� expiry
of tenure.� In no case it should retain
an officer beyond the sanctioned term unless concurrence of lending organization
has been received. NOTE: -For extension of foreign service
of Central govt. Officers to Public Sector Undertakings beyond 3 year, approval
of ACC would be necessary in terms of instructions of Department of Public
Enterprises on the subject. 7.4 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 Govt.� is the lending Organisation or the borrowing organization, proposal in this regard should reach this Department with the approval of the Minister of the borrowing Department at least three months before the expiry of the extended tenure with full particulars.� A check-list for such particulars is annexed.
�������������������������������������������������������������������������������
Check -List 1.�������� Name of the officer.
2.�������� Name of the parent office. Designation
of the post
3.�������� Present basic pay in the parent cadre
post.
4.���������Designation & pay scale of the
post held on
�5.
Has the officers been given NBR proforma
�6.
Normal period of deputation prescribed in
7. Date of appointment on deputation.
8. Is the officer drawing grade pay + d (d) a?
������������If so, has the d (d) a been
stopped during the
9.������� Whether the extension for Ist Year/2nd
year in excess of
10.����� Does the proposed extension also requires
the
11.���� what is the specific public interest
involved in the
12.��� Whether the concurrence of lending organization/
13.���� Efforts made to select a suitable
replacement for
14.���� According to Recruitment Rules can the
post be filled
15���� Any other relevant information considered
necessary.��������� � Signature
and designation 7.5 When extension of period of deputation/foreign
service for the first and the second year in excess of period prescribed in the
Recruitment Rules is considered by the borrowing organization under powers
delegated to them, the period for extension may be so decided upon so as to
ensure that officer concerned is allowed to continue on deputation till the
completion of academic year in cases where are the officer has school/college
going children.� No proposal for further
extension beyond the second year in excess of period prescribed in the RRs
shall be forwarded to this Department on the consideration that the officer has
school/college going children.� Extension
beyond this period will be considered only if it is strictly in public
interest.
7.6 For computing the total period of
deputation/foreign service the period of deputation/foreign service in another
ex-cadre post(s) held preceding the current appointment without break in the
same or some other organization shall also be taken into account.
7.7 If during the period of deputation/foreign
service the basic pay of an employee exceeds the maximum of the scale of pay of
the post or the fixed pay of the post, on account of proforma promotion in his
cadre under the Next Below Rule or otherwise, the deputation/foreign service of
the employee should be restricted to a maximum period of six months from the
date on which his pay exceeds such maximum and he should be reverted to his
parent department within the said period.
7.8
If during the period of deputation, on
account of proforma 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 7.7 above but no
further extension of the period of deputation should be allowed in� such cases. 8.
Premature reversion
of deputationist to parent cadre.
Normally, when employee is appointed on
deputation/foreign service, his services are place at the disposal of the
parent Ministry/Department at the end of the tenure.� However, as and when a situation arises for premature
reversion to the parent cadre of the deputationist his services could be so
returned after giving advance intimation of reasonable period to the lending
Ministry/Department and the employee concerned. 9.
Relaxation of
conditions.
Any relaxation of these terms and conditions will
require the prior concurrence of the Department of Personnel & Training. Section C � Deputation out of India
2024. (F.R. 50) -- Sanctioning Authority.-- No deputation of a railway servant out of India
shall be sanctioned without the previous approval of the Central Government.
2025. (F.R. 51) � Pay during deputation out of
India � (1) When a railway servant is, with
proper sanction, temporarily deputed for duty out of India either in connection
with any special duty on which he may temporarily be placed, he may be allowed
by the president to draw during the period of deputation the same pay which he
would have drawn had he remained on duty in India. Provided that a railway servant, who is placed on
deputation while already on leave out of India on average pay, may be required
by the President to continue to be on leave, in which case he shall be given
during that period, in addition to his leave salary, an honorarium of one-sixth
of the pay which he would have drawn had he remained on duty in India; the cost
of passages from� and to India shall be
borne by him.
NOTE. --�������� The
portion of the pay which a railway servant may be permitted to draw in foreign
currency while on deputation abroad will be determined in accordance with the
orders issued by the President in this regard from time to time.
(2) A railway servant on deputation may also be
granted a compensatory allowance in a foreign country of such amount as the
President may think fit.
(3) The foreign exchange equivalent of the pay,
honorarium or compensatory allowance��
admissible under sub-rule (1) or sub-rule (2) shall be calculated at
such rate of exchange as the President may by order prescribe. 2026. (F.R.� 51-A) -- When a railway servant is with proper sanction deputed for duty out of India to hold a regularly constituted permanent or quasi-permanent post, other than a post borne on the cadre of the service to which he belongs, his pay shall be regulated by the orders of the Central Government.�
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