SOME COMMON GUIDELINES ON DEPUTATION/FOREIGN SERVICE WITHIN INDIA
Central Government employees are allowed to go on deputation to ex-Cadre posts under the Central Government or State Governments and on Foreign Service terms to Public Sector Undertakings and Autonomous Bodies. Deputation or Foreign Service cover only those appointments that are made by transfer on a temporary basis provided the transfer is outside the normal field of deployment (to be decided by the authority which controls the service or post from which the employee is transferred) and is in the public interest.
An officer in a higher scale of pay is not appointed on deputation to a post in a lower scale of pay.
An officer appointed on deputation basis/Foreign Service terms may elect to draw either the pay in the pay scale of deputation/Foreign Service post or his basic pay in the parent Cadre plus Deputation (Duty) Allowance thereon plus personal pay, if any.
TENURE OF DEPUTATION
Maximum period of deputation/Foreign Service is three years except for those posts where a longer period of tenure is prescribed in the recruitment rules. Competent authority for grant of Cadre clearance is the Chief Economic Adviser.
For extension of tenure of deputation/Foreign Service for up to one year beyond the third year (only if considered necessary in public interest), approval of the Administrative Ministry/borrowing organization at the level of Secretary (in the Central Government)/Chief Secretary (in the State Government)/equivalent level officer is required before the case is processed for Cadre clearance. Competent authority for grant of Cadre clearance is the Secretary, Department of Economic Affairs.
Extension of tenure of deputation/Foreign Service for the fifth year or for the second year in excess of the period prescribed in the Recruitment Rules is allowed only in rare and exceptional circumstances where such extension is absolutely necessary. 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. Cadre clearance is granted in such cases with the approval of the Hon′ble Finance Minister.
No deputation (duty) allowance will be allowed beyond the fourth year, if the officer concerned has opted to draw deputation (duty) allowance.
The borrowing organisation desirous of retaining an officer beyond the prescribed tenure is required to initiate action for seeking approval of the concerned authority six months prior to the date of expiry of tenure.
No further extension (i.e. beyond five years) will be allowed.
A mandatory cooling-off period will be enforced on officers returning from deputation/foreign service- three years for posts up to Joint Secretary level and one year for Additional Secretary level posts.
An officer of the service, being a Central Government employee, shall be eligible for deputation/Foreign Service to State Government/State Government organizations/Government of UTs/Government of UT organizations/International Organizations/Autonomous bodies, trusts, societies, PSUs etc. not controlled by the Central Government, only after he/she has completed nine years of service and has not dealt with the borrowing organization in the last five years. Such deputation/Foreign Service shall be limited to a maximum period of seven years in the entire service of an officer.
If during the period of deputation/Foreign Service, on account of proforma promotion in the parent Cadre under Next Below Rule or upgradation, the officer concerned becomes entitled to a higher Pay Scale/Pay Band & Grade Pay in the parent Cadre vis-a-vis that of the ex-cadre post, he/she will have the option either to continue in the deputation post (without availing of proforma promotion/upgradation) for the rest of the term or revert to his/her parent Cadre within a period of six months. In case the officer wishes to continue on the deputation post, there shall be no pay fixation based on the proforma promotion/upgradation and he/she will continue to draw the pay being drawn by him/her.
As per the O.M. No. 13015/3/2003-IES dated 5.2.2004 issued by the Department of Economic Affairs, an IES officer is allowed to proceed from one deputation to another deputation without any cooling-off requirement, provided the total period of deputation does not exceed five years. (For computing the total period of deputation/Foreign Service, the period of deputation/Foreign Service in another ex-cadre post(s) held prior to the current appointment without break in the same or some other organization shall also be taken into account).
Other extant instructions/guidelines issued by the Government, wherever applicable, would be in force.
The above-mentioned guidelines are not comprehensive and are meant for general information only. They do not purport to be authentic interpretation of the extant government instructions/guidelines in force.