GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

PC-VII No. 179
RBE No. 09/2022

F.No.F(E)II/2017/DE/1/2

New Delhi, dt.17.01.2022

The General Managers/Pr. Financial Advisors,
All Indian Railways & Production Units incl. RDSO,
(As per Standard Mailing List)

Sub:- Grant of Deputation (Duty) Allowance in cases where the basic pay in parent cadre has been upgraded on account of NFU, MACP, NFSG, etc. in the 7th CPC context – clarification regarding.

Consequent upon acceptance of the recommendations of the Seventh (7th) Central Pay Commission, instructions issued by DOP&T vide their O.M. No. 2/11/2017-Estt.(Pay-II) dated 24.11.2017 amending the rate of Deputation (Duty) Allowance and the related conditions have been adopted & circulated on Railways vide Board’s letter No.F(E)I/2017/DE/1/2 dated 26.12.2017.

2. Now, DOP&T, vide their O.M. No. 2/11/2017-Estt.(Pay-II) dated 15.03.2021 has issued some clarification regarding admissibility of Deputation (Duty) Allowance in terms of Note-2 & Note-3 below para-4(d) of OM dated 24.11.2017. These instructions shall apply mutatis-mutandis to Railway employees also.

3. A copy of these instructions is sent herewith for information/guidance, which shall take effect from 1st July, 2017.

4. Please acknowledge receipt.

S/d,
(G. Priya Sudarsani)
Director, Finance(Estt.)
Railway Board

No. 2/ 11/2017-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North. Block, New Delhi
Dated the I 5th March,202 1

OFFICE MEMORANDUM

Subject; Grant of Deputation (Duty) Allowance in cases where the basic pay in parent cadre has been upgraded on account of NFU, MACP, NFSG, etc. in the 7th CPC context – clarification regarding.

The undersigned is directed to refer to this Department’s OM of even number dated 24th November, 2017 regarding grant of Deputation (Duty) Allowance in the 7th CPC context, and to say that this Department has been receiving references from various Ministries/ Departments/ Organizations for clarifications regarding admissibility of Deputation (Duty) Allowance in terms of Note 2 and Note 3 below para 4(d) of this Department’s OM dated 24th November, 2017 in cases-where the basic pay in parent cadre has been upgraded on account of NFU, MACP, NFSG, etc. in the 7th CPC context.

2. Note 2 and Note 3 of the para 4(d) of this Department’s OM dated 24th November, 2017 are as follows:-

• ‘Note 2 In cases where the basic pay in parent cadre has been upgraded on account of Nonfunctional upgradation (NFU), Modified Assured Career Progression Scheme (MACP), Non Functional Selection Grade (NFSG), etc., the upgraded basic pay under such upgradations shall not be taken into account for the purpose of Deputation (Duty) Allowance.
• Note 3 In the case of a Proforma Promotion under Next Below Rule(NBR): If such a Proforma Promotion is in a Level of the Pap Matrix which is higher than that of the ex-cadre post, the basic pay under such Profoma Promotion shall not be taken into account for the purpose of Deputation (Duty) Allowance. However, if such a Proforma Promotion under NBR is in a Level of the pay matrix which is equal to or below that of the ex-cadre post, Deputation (Duty) Allowance shall be admissible on the basic pay of the parent cadre post allowed under the proforma promotion, if opted by the deputationist.

3. In view of the references received from different Ministries/Departments/Organisations, the following is clarified with regard to the admissibility of Deputation (Duty) Allowance in terms of Note 2 and Note 3 below para 4(d) of this Department’s OM dated 24th November, 2017 . in cases where the basic pay in parent cadre has been upgraded on account of NFU, MACP, NFSG, etc. in the 7th CPC context:-

• 3.1 In cases where the basic pay in parent cadre has been upgraded (upto Level 13 A) on account of Non-Functional Upgradation (NFU), Modified Assured Career Progression Scheme (MACP), Non Functional Selection Grade (NFSG), etc., and the officer has opted for such upgraded pay of the parent cadre, in that event, the upgraded h sic pay under such upgradations shall not be taken into account for the purpose of Deputation (Duty) Allowance. In such cases, the Deputation (Duty) Allowance will be calculated taking the basic pay of the parent cadre which the officer was getting before such upgradation and the amount of the same would be further regulated every year on the basis of the pay arrived at by giving annual increments on the presumptive pay.
• 3.2 However, if the upgradation is to Level 14 or above, he shall be given the option to draw the upgraded basic pay under such upgradations without Deputation (Duty) Allowance or the pay which he was drawing before such upgradation with Deputation (Duty) Allowance, whichever is more beneficial as per the option of the officer.
• 3.3 In the case of Proforma Promotion under Next Below Rule (NBR), if such a Proforma Promotion (up to Level 13 A) is in a Level of the Pay Matrix which is higher than that of the ex-cadre post, and the officer has opted for the upgraded pay of the Proforma Promotion, the basic pay under such Proforma Promotion shall not be taken into account for the purpose of Deputation (Duty) Allowance. Deputation (Duty) Allowance will be calculated taking into account the basic pay which the officer was getting before such Proforma Promotion. The amount of Deputation (Duty) Allowance would be calculated on the basis of the pre-upgraded presumptive pay that the officer was drawing prior to Proforma Promotion and the amount of the same would be further regulated every year on the basis of the pay arrived at by giving annual increments on the presumptive pay.
• 3.4 However, if such a Proforma Promotion under NBR is in a Level of the pay matrix which is equal to or below that of the ex-cadre post, Deputation (Duty) Allowance shall be admissible on the basic pay of the parent cadre post allowed under the Proforma Promotion, if opted by the deputationist.
• 3.5 However, if the upgradation is to Level 14 or above of the Pay Matrix, he shall be given the option to draw the upgraded basic pay under such Proforma Promotion without Deputation (Duty) Allowance or the pay which he was drawing before grant of Proforma Promotion with Deputation (Duty) Allowance, whichever is more beneficial as per the option of the officer-The amount of Deputation (Duty) Allowance would be calculated on the basis of pre-upgraded presumptive pay that the officer was drawing prior to the grant of Proforma Promotion and the amount of the same would be further regulated every year on the basis of the pay arrived at by giving annual increments or the presumptive pay.

4. These orders shall take effect from 1st July, 2017.

5. Insofar as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the office of the Comptroller and Auditor General of India.

6. Hindi version will follow.

S/d,
(Shukdeo Sah)
Under Secretary to the Government of India
Tele: 2304 0489

To

Ministries/ Departments of Government of India.

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F. No.2/10/2018-Estt. (Pay-II)
Government of India
Ministry of Personnel, Public Grievance and Pensions
Department of Personnel and Training
Esst. (Pay) Division

North Block, New Delhi
dated: 2.3.2021

OFFICE MEMORANDUM

Subject: 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.

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 an 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 to 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:-

7th CPC Pay Fixation on Deputation: DoP&T OM dated 02.03.2021

“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 ifno 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 the ex-cadre post are based on the same index level and the DA pattern is also the 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 organisation, 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 organisation 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 1.7.2017 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 Incases 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 Incases 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 1.1.2016 and shall be applicable to all officers who were on deputation on 1.1.2016 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.

(Shukdeo Sah)
Under Secretary to the Government of India

To
All Ministries/Departments of the Government of India
(As per standard list)

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GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
RAJYA SABHA

UNSTARRED QUESTION NO-879
ANSWERED ON-25.07.2018

 Duty allowance of Home Guards

879 . Shri Motilal Vora

(a) whether it is a fact that Parliamentary Committee on Home Affairs has shown its displeasure over duty allowances of Home Guards in various States and Union Territories, which is less than minimum wages;

(b) the guidelines of Supreme Court in respect of duty allowances of Home Guards and the reasons for not implementing them in Union Territories till now; and

(c) whether Government would again take up the issue of implementing it in those States where it has not been implemented?
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HANSRAJ GANGARAM AHIR)

(a) to (c): The Department Related Parliamentary Standing Committee on Home Affairs in its 201st Report has shown its displeasure over the non-implementation of Hon’ble Supreme Court Order regarding payment of duty allowances to the Home Guards by the States.

The Hon’ble Supreme Court in the Civil Appeal No. 2759 of 2015, vide order dated March 11, 2015, directed that the State Government should pay Home Guards at such rates, total of which 30 days ( a month) come to minimum of pay to which the police personnel of States are entitled. It is expected that the State Government shall pass appropriate orders in terms of aforesaid observation on an early date.

Home Guards is a State/UT subject. Pay and allowances of Home Guards are governed by the Home Guards Acts and Rules of the respective States/UTs. Directorate General (Fire Services, Civil Defence and Home Guards), Ministry of Home Affairs vide letters dated 4th June 2015, 16th September 2016, 6th March, 2017, 24th April, 2017 and 11th April, 2018 have requested all the States/UTs to implement the aforementioned decision of the Hon’ble Supreme Court. Further, the Ministry of Home Affairs vide letters dated 4th May, 2018 and 18th July, 2018 has also requested the States/UTs to implement the same.

Source: http://164.100.158.235/question/annex/246/Au879.pdf

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F No.6-23(01)/2018-PAT
Government of India
Ministry of Communications & IT
Department of Telecommunications

Sanchar Bhawan, 20, Ashoka Road,
New Delhi – 110001
Datcd: 09/03/2018

CIRCULAR No. 74

Subject : Grant of Deputation (Duty) Allowance -Recommendations of the 7th CPC -reg

The undersigned is directed to forward herewith a copy of Ministry of Personnel, PG & Pensions. Department of Personnel & Training OM No.21/11/2017-Estt. (Pay-II) dated 24th November, 2017 on the subject cited above for information / necessary action.

Encl: As above.

(R.Thamby Jeya Raj)
Section Officer (PAT)

No.2/11/2017-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 24th November, 2017

OFFICE MEMORANDUM

Subject: Grant of Deputation (Duty) Allowance – Recommendations of the Seventh Central Pay Commission – Regarding

This Department’s OM No. 6/8/2009-Estt.(Pay-II) dated 17.6.2010 inter-alia provides for rates of Deputation (Duty) Allowance admissible to Central Government employees.

2. As provided in para 7 of Ministry of Finance, Department of Expenditure’s Resolution No.1-2/2016-IC dated 25th July, 2016, the matter regarding allowances (except Dearness Allowance) based on the recommendations of the 7th Central Pay Commission (CPC) was referred to a Committee under the Chairmanship of Finance Secretary and until a final decision thereon, all Allowances have been paid at the existing rates in the existing pay structure.

3. The decision of the Government on various allowances based on the recommendations of the 7th CPC and in the light of the recommendations of the Committee under the Chairmanship of the Finance Secretary has since been issued as per the Resolution No.11-1/2016-IC dated 6th July 2017 of Department of Expenditure.

4. As mentioned at Sl.No.46 of the Appendix-II of the said Resolution dated 6th July 2017, the recommendation of the 7th CPC for enhancement of ceiling of Deputation (Duty) Allowance for civilians by 2.25 times has been accepted and this decision is effective from 15t July, 2017. Accordingly, the President is pleased to decide that the rates of Deputation (Duty) Allowance and certain other conditions relating to grant ‘of Deputation (Duty) Allowance shall be as under:-

The Deputation (Duty) Aliowance admissibl,e shall be at the following rates:

(a) In case of deputation within the same station the Deputation (Duty) Allowance will be payable at the rate of 5% of basic pay subject to a maximum of Rs.4500 p.m.

(b) In case of deputation involving change of station, the Deputation (Duty) Allowance will be payable at the rate of 10% of the basic pay subject to a maximum of Rs.9000 p.m.

(c) The ceilings will further rise by 25 percent each time Dearness Allowance increases by 50 percent.

(d) Basic Pay, from time to time, plus Deputation (Duty) Allowance shall not exceed the basic pay in the apex level i.e. Rs. 2,25,000/- .In the case of Government servants receiving Non Practising Allowance, their basic pay plus Non-Practising Allowance plus Deputation (Duty) Allowance shall not exceed the average of basic pay of the revised scale applicable to the Apex Level and the Level of the Cabinet Secretary i.e. Rs.2,37,500/-.

Note: 1 ‘Basic pay’ in the revised pay structure (the pay structure based on 7th Central Pay Commission recommendations) means the pay drawn by the deputationist, from time to time, in the prescribed Level, in Pay Matrix, of the post held by him substantively in the parent cadre, but does not include any other type f pay like personal pay, etc.

Note: 2 In cases where the basic pay in parent cadre has been upgraded on account f non-functional upgradation (NFU), Modified Assured Career Progression Scheme (MACP), Non Functional Selection Grade (NFSG), etc., the upgraded basic pay under such upgradations shall not be taken into account for the purposed of Deputation (Duty) Allowance.

Note: 3 In the case of a Proforma Promotion under Next Below Rule (NBR) : If such a Profoqna Promotion is in a Level of the Pay Matrix which is higher than that of the ex-cadre post, the basic pay under such Proforma Promotion shall not be taken into account for the purpose of Deputation (Duty) Allowance. However, if such a Proforma Promotion under NBR is in a Level of the pay matrix which is equal to or below that of the ex-cadre post, Deputation (Duty) Allowance shall be admissible on the basic pay of the parent cadre post allowed under the proforma promotion, if opted by the deputationist.

Note: 4 In case of Reverse Foreign Service, if the appointment is made to post whose pay structure and or Dearness Allowance (DA) pattern is dissimilar to that in the parent organisation, the option for electing to draw the basic pay in the parent cadre [alongwith the Deputation (Duty) Allowance thereon and the personal pay, if any] will not be available to such employee.

Note: 5 The term ‘same station’ for the purpose will be determined with reference to the station where the person was on duty before proceeding on deputation.

Note: 6 Where 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. Para 6.1 of this Department’s OM No.6/8/2009-Estt(Pay-II) dated 17.6.2010 stands amended to the above effect.

6. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

7. These orders shall take effect from 1st July, 2017.

(Rajeev Bahree)
Under Secretary to the Government of India

Source: http://www.dot.gov.in

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