Subject: Launching/Introduction of New Recruitment Rules Formulation, Amendment Monitoring System (RRFAMS) Portal – reg.

At present, the proposals for framing/amendment of RRs are first processed in the on-line mode through RRFAMS portal. The proposal received on this portal is scrutinized in DOP&T and preliminary observations are conveyed through the system. Thereafter the Ministries/Departments send their proposals along with comments received in the RRFAMS and necessary Annexure, hierarchy chart etc. in the physical file.

2. It has been decided to launch a fully computerized/online system of examination of RRs and to dispense with the requirement of sending physical file to DOP&T. This system would further be extended in future so that a similar on line scrutiny/approval of the proposal of framing/amendment of RRs are undertaken by UPSC and DOLA without the need reference of physical file for finalization of RRs.

3. In this regard the existing RRFAMS system has been upgraded and following new features have been added:

(i) Uploading of existing RRs/post creation/abolition etc.

(ii) Hierarchy chart

(iii) On line system for examination and approval of RRs for Group ‘C’ posts within the Ministry.

4. Before the launch of the above portal, it has been decided to have a preparatory meeting wherein a trial run of the new system will be made. All the Ministries/Departments are requested to nominate a nodal officer at the level of Under Secretary who may bring the relevant proposal along with all necessary documents to fill-up the proposal on the new RRFAMS portal, as per the schedule given in Annexure.

Download DoPT OM No.Misc-14017/19/2016-Estt.(RR) dated 08.12.2016

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DoPT has issued an OM regarding Technical Resignation

TECHNICAL RESIGNATION & LIEN : CONSOLIDATED GUIDELINES.

Highlights of DoPT OM No. 28020/1/2010-Estt(C) Dated 17.08.2016

Compiled by K.V.Ramesh, Sr.JGS IRTSA.

1. Technical Resignation:

a. Government servant should have applied through proper channel for a post in same or some other Department.

b. If the conditions are met, it will be taken as Technical resignation, even if it was not mentioned as Technical Resignation while applying and all admissible benefits should be extended.

c. If competent authority not allowed the forwarding of application, it will not be treated as Technical resignation.

d. Benefits are admissible even if the employee applied before joining the service and application was not routed through proper channel, provided employee should intimate such application immediately after joining the service.

2. Balance leave credited:

a. Balance of utilized Child Care Leave and other leaves will be carried forward.

b. In case of permanent absorption in PSU/Autonomous Body/State Govt. employee is eligible for cash equivalent of leave salary in respect of EL & HPL at his credit subject to the limit of 300 days.

3. LTC carry forwarded: Entitlement for LTC will be carry forward.

4. Pay Protection: Protection of Pay will be given.

5. If employee rejoins his previous post:

a. In case employee rejoins his earlier post, he will be entitled for increments for the period of his absence from that post.

b. Transfer of GPF will be governed.

c. Seniority in the post held by the employee on substantive basis continues to be protected.

However the period spent in other department will not be counted for minimum qualifying service for promotion.

6. Past service counted for Pension: Employee originally joined before 1.1.2004, joined the new post on technical resignation after 1.1.2004, his past services are counted towards pension.

7. Transfer of NPS account: In case of NPS, the balance standing in Personal Retirement Account along with PRNA will be carried forward to new office.

8. Service Book transfer: Service Book from the date first appointment must be kept in the custody of head office in which employee is serving and transferred with him from office to office.

9. Medical Examination & verification:

a. If standard of medical examination is same for the new post, then employee need not to undergo fresh medical examination.

b. No need for verification of character & Antecedents of the employee, if period of discharging from previous post and appointment to new post is less than a year.

10. Lien will be maintained for two years normally, 3 years in exceptional cases.

11. Joining Time, Joining time pay & allowances:

a. Central & State Govt employees are eligible for joining time, which will be included as qualifying service in new Job.

b. During Joining Time, Eligible for pay equal to pay drawn in old post before relinquishment, DA & HRA. No Transport allowance.

c. Entitled for Transfer Travelling Allowance.

Download DoPT OM No. 28020/1/2010-Estt.(C) dated 17.08.2016

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It has been observed by DoPT that several recommendations of Pay Commission have not been incorporated in the Service Rules.
Pay Commission recommended Service Rules – DoPT’s Instructions on Review of Service Rules as per recommendations of Pay Commission

CBDT notification of Review of service Rules as per recommendations of Pay Commission

GOVERNMENT OF INDIA
DIRECTORATE OF INCOME TAX
HUMAN RESOURCE DEVELOPMENT
CENTRAL BOARD OF DIRECT TAXES
ICADR Building, Plot No. 6, Vasant Kunj Institutional Area Phase-II,

New Delhi- 110070. Ph. 26139295, Fax 26130594.
F. No. HRD/AD/854/1/2015-16/760
06.05.2016

To,

All Pr. Chief Commissioner of Income Tax (CCA)/
Pr. Director General of Income Tax

Sub: Review of Service Rules reference received from DoPT-reg.

Ref: DoPT’s O.M. No. AB.14017/61l2008-Estt. (RR) dated 17.03.2016

Kindly refer to the above.

2. The administration of cadre(s) of the Organized Services of the Union is done based upon the provisions as contained in the Service Rules(s). The policy change(s) in terms of financial up-gradation, grant of promotion, composition of various Committee(s) for promotion, qualifying service in various grades, are brought for the benefit of the members of the Service. It has been observed by DoPT that several recommendations of Pay Commission have not been incorporated in the Service Rules. (Copy of OM is enclosed).

3. In this regard, I am directed to request all the Pr.CCITs(CCA)/Pr.DGITs to undertake revision of Service Rules of Organised Services under their administrative control. I am further directed to request all the Pr.CCITs(CCA)/ Pr.DGITs to indicate the time frame by which they would revise the Service Rules of organised Services under their administrative control.

Yours Faithfully,

(S.N. Meena)

DDIT(POL), HRD

No. AB-14017/61/2008-Estt.(RR)
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi
Dated: the 17th March, 2016

OFFICE MEMORANDUM

Subject:- Review of Service Rules – regarding

The administration of cadre(s) of the Organized Services of the Union is done based upon the provisions as contained in the Service Rules(s). The policy change(s) in terms of financial up-gradation, grant of promotion, composition of various Committee(s) for promotion, qualifying service in various grades, are brought for the benefit of the members of the Service. it is seen that several recommendations of Pay Commission have not been incorporated in the Service Rules.

2. The Cadre Controlling Authorities are, therefore. requested to undertake revision of Service Rules of Organized Services under their administrative control. The Cadre Controlling Authorities may indicate the time frame by which they would revise the Service Rules of Organized Services under their administrative control.

(G. Jayanthi)

Director (E-I)

Download HRD Circular F. No. HRD/AD/854/1/2015-16/760 dated 06.05.2016

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DoPT consolidated  guidelines/ instructions regarding Technical Resignation – Counting of past service towards pension, Carry forward  of Leave benefits, Carry forward of LTC, Pay  Protection, GPF transfer, transfer of existing NPS account etc are some of the benefits of technical resignation

No.28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the  & 8th April ,  2016

OFFICE MEMORANDUM

Subject: Technical Resignation & Lien- Consolidated guidelines.

The undersigned is directed to refer to this Department’s OM of even number dated the 26th  December, 2013 on the above subject and to say that guidelines/ instructions regarding Technical Resignation have been issued from time to time. It is now proposed to further consolidate these instructions and clarify the related issues as the Department continues to receive frequent references on these issues.

2. Before these  clarifications  in the draft O.M are  finalized, it is requested to furnish comments/views in this regard, if any, by 22.04.2016 to the undersigned at the  e-mail address: dse@nic.in.

Director (Estt.)
Telefax: 23093176

Download  DoPT OM No.28020/1/2010-Estt.(C) dated 08.04.2016

No.28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North  Block, New Delhi
Dated  the  April,  2016

OFFICE MEMORANDUM

Subject: Technical Resignation & Lien- Consolidated guidelines.

The undersigned is directed to refer to this Department’s OM of even number dated the  26th December,  2013  on  the  above  subject and  to  say  that  guidelines/  instructions regarding Technical Resignation have been issued from time to time. It is now proposed to further  consolidate  these  instructions  and  clarify  the  related  issues  as  the  Department continues to receive frequent references on these issues.

2. Technical Resignation

1. As per the Ministry of Finance OM No.33 79-E.III (B)/65 dated the 17th June, 1965, the resignation  is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department,  and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis.

2.   This benefit  is  also  admissible to  Government servants who have applied before joining  the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions:-

(i) the  Government  servant  should  intimate  the  details  of  such  application immediately on their joining;

(ii) the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under Government/ Government organisation for which he applied before joining the Government service;

(iii) the  authority  accepting  the  resignation  should  satisfy  itself  that  had  the employee been in service on the date of application for the post mentioned by the  employee,   his  application   would  have  been  forwarded   through   proper channel.

2.1  Carry forward  of Leave benefits

(i)    In terms of Rule 9(2) of the CCS (Leave) Rules, 1972,   technical resignation shall not result in the lapse of leave to the credit of the Government servant.  The balance of unutilised CCL as well as all other leaves of the kind due & admissible will be carried forward.

(ii)  As  per  rule  39-D  of  the  CCS(Leave)  Rules, 1972,   in  case  of  permanent absorption in PSUs/ Autonomous Bodies/ State Government etc.,  the Government servant shall be granted cash equivalent of leave salary in respect of EL & HPL at his credit subject to overall limit of 300 days.

2.2  Carry forward of LTC

Entitlement to L TC may be carried forward in case of a Central Government Servant who joins  another post after having submitted Technical Resignation.   In case of a Govt Servant  who  resigns  within  8   years  of  his  appointment  and joins  another  post  in  the Government after Technical Resignation, Govt Servant will be treated as a fresh recruit for a period of 8 years from the date of his initial appointment under Government.

2.3   Pay  Protection,  eligibility  of  past  service  for  reckoning of  the  minimum period for grant of Annual Increment

In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 3379-E.III (B)/65 dated the I J1h June, 1965 read with provisions of FR 22- B.  Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for grant of annual increment in the new post/ service/ cadre in Government under the provisions of FR 26 read with Rule 10 of CCS (RP) Rules, 2008.   Pay of the substantive post held by the Government servant is protected. After Sixth Pay Commission, only the pay in the pay band is protected and the employee gets the grade pay of the post to which he is appointed after his resignation.

2.4   GPF transfer

Transfer  of  GPF on technical resignation would be governed by  Rule  35 of the General Provident Fund (Central Services) Rules, 1960.

2.5 Seniority

The tenure of periods spent in the past service does not get included in determining the eligibility for the next promotion. In case of employees who retain a lien on submitting Technical Resignation, in the event of their reversion to their previous job, the period spent in the  new job would  not  be  counted  for  calculation  of  minimum  qualifying service  for promotion in their previous job. The individual will however in case of his reversion to parent organisation regain his seniority with effect from the date of his reversion .

2.6 Applicability of Pension  Scheme

In cases  where  Government   servants,   who had  originally  joined government   service prior  to 01.01.2004,    apply  for posts  in the same  or other  Departments   and  on selection  they are asked to tender  technical  resignation,   the past  services   are counted towards pension  if the new  post  is  in a pensionable   establishment   in terms of  Rule  26(2)  of  CCS(Pension)  Rules 1972.

2.7  New Pension   Scheme

In  case  of  ‘Technical   Resignation   ‘of  Government   servant  covered  under  National Pension   System(NPS),    the  balance   standing   to  their  Personal   Retirement   Account   (PRA) along-with  their PRAN,  will be carried  forward  to the new office”.

2.8  Transfer  of Service  Book  from  parent   Department    to present   Department.

As per SR-  198, the Service  Book is to be maintained  for a Government  servant  from the date of his/her  first appointment   to Government  service and it must be kept in the custody of the Head of Office  in which  he is serving and transferred  with him from office to office.

2.9 Need  for Medical   examination.
In cases  where  a person  has already  been examined  by a Medical  Board  in respect  of his previous  appointment   and  if standard  of medical  examination   prescribed  for the new post  is the same, then he need not be required  to undergo  a fresh examination.

2.10  Verification of Character  & Antecedents

In the case of a person who was originally employed in an office of the Central Government, if the period intervening between date of discharge from his previous office and the date of securing a new appointment, is less than a year,  it would be sufficient if the appointing authority, before making the appointment, satisfies itself by a reference to the office in which the candidate was previously employed that, (a) that office have verified his character and antecedents; and (b) his conduct while in the employ in that office did not render him unsuitable for employment under Government.  If however, more than a year has lapsed after the discharge of the person from his previous office, verification should be carried out in full/afresh, in accordance with O.M.No.18011/9(s)/78-Estt(B) dated 2″d July,1982.

3 Lien

(i) Lien represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence. The benefit of having a lien in a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.

(ii)  The above  right  will,  however,  be subject  to the condition  that the junior-most   person in the cadre  will  be liable  to be reverted  to the  lower  post/service/cadre    if at any  time  the number  of  persons   so  entitled   is more  than  the  posts  available   in  that  cadre/service.      For example,   if a person  who holds a lien to a post reverts  from deputation  or foreign  service   and if there  is no vacancy  in that post/service/cadre   to accommodate   him,  the junior-most   person will be reverted.   If, however, this officer himself is the junior-most, he will be reverted to the next lower post/service/cadre from which he was earlier promoted.

3.1 Lien on a post

A Government servant who has acquired a lien on a post retains a lien on that post-

(a)  while performing  the duties of that post;
(b)  while  on foreign  service,   or holding  a temporary  post or officiating  in another post;
(c)  during  joining   time   on  transfer   to  another   post;    unless   he  is  transferred substantively  to a post on lower pay,  in which case his lien is transferred  to the new post from the date on which he is relieved  of his duties in the old post;
( d)  while on leave; and
( e)  while under suspension.

A Government servant on acquiring a lien on a post will cease to hold any lien previously acquired on any other post.

3.2  Retention of lien for appointment in another central government office/ state government

(i)  A permanent Government servant appointed in another Central Government Department/Office/ State Government, has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3  years in exceptional cases. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments/offices.

(ii) The exceptional cases may be when the Government servant is not confirmed in the department/office where he has joined within a period of 2 years. In such cases he may be permitted to retain the lien in the parent department/ office for one more year. While granting such permission, a fresh undertaking similar to the one indicated above may be taken from the employee.

(iii)  Timely action  should  be taken to  ensure  extension/ reversion/ resignation  of the employees to their parent cadres on completion of the prescribed period of 2/3  years. In cases, where employees do not respond to instructions, suitable action should be initiated against them for violating the agreement/ undertaking given by them as per (3) and (4) above and for termination of their lien. Adequate opportunity may,  however, be given to the officer prior to such consideration.

(iv)  Temporary  Government  servants will be required to  severe connections  with the Government in case of their selection for outside posts.    No lien will be retained in such cases.

3.3 Termination Of Lien

(i) A Government servant’s  lien on a post may in no circumstances be terminated even with his consent if the result will be to leave him without a lien upon a permanent post. Unless his lien is transferred, a Government servant holding substantively a permanent post retains lien on that post. It will not be correct to deny a Government servant lien to a post he was holding substantively on the plea that he had not requested for retention of lien while submitting  his Technical  Resignation,  or to relieve such a Government  servant with   a condition  that no lien will be retained.

(ii)       A Government employee’s lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government) outside the cadre on which he is borne.

(iii)     No lien shall be retained:

(a) where  a Government   servant  has proceeded  on immediate  absorption  basis to a post  or service  outside  his service/  cadre/  post  in the  Government   from the date of absorption;   and

(b) on foreign service/ deputation beyond the maximum limit admissible under the orders of the Government issued from time to time.

3.4 Transfer Of Lien

The lien of a Government servant, who is not performing the duties of the post to which the lien pertains, can be transferred to another post in the same cadre subject to the provisions of Fundamental Rule 15.

4   Joining Time, Joining Time Pay &Travelling Allowance

Provisions relating to joining time are as follows:

(i) For appointment to posts under the Central Government on results of a competition and/or interview open to Government servants and others, Central Government employees and permanent/ provisionally permanent  State Government employees will be entitled to joining  time under the  CCS(Joining Time) Rules,1979.   Joining time will be included as qualifying service in the new job.

(ii)  A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any,  appropriate  to  the joining  time  pay.  In  addition,  he  can  also  draw  compensatory allowances like House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed Conveyance Allowance or permanent Transfer.

(iii) For appointments to posts under the Central Government on the basis of results of a competition and /or interview open to Government servants and others, Central Government employees   and permanent/   provisionally   permanent   State  Government  employees   shall  be entitled  to  Transfer   Travelling   Allowance (TT A).  However,  temporary   Central  Government employees  with less than 3  years of regular  continuous  service would not be entitled  for TT A, as they are not entitled joining time pay under Joining Time Rules.

5   All Ministries/ Departments are requested to bring the instructions/ guidelines to the notice of all concerned.

(Mukesh  Chaturvedi)
Director  (Estt.)
Telefax:  23093176

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Recovery from employees belonging to Group ‘C’ and Group ‘D’ service, and Recovery from retired employees, are some of the situations of hardship as observed by Hon’ble Supreme Court

Department of Personnel & Training issued an OM for recovery of wrongful / excess payments made to Government servants in view of the law declared by Courts

F.No. 18/03/2015-Estt. (Pay-I)

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 2nd March, 2016

OFFICE MEMORANDUM

Sub: Recovery of wrongful / excess payments made to Government servants.

The undersigned is directed to refer to this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014 wherein certain instructions have been issued to deal with the issue of recovery of wrongful / excess payments made to Government servants in view of the law declared by Courts, particularly, in the case of Chandi Prasad Uniyal And Ors. vs. State of Uttarakhand And ors., 2012 AIR SCW 4 742, (2012) 8 SCC 417. Para 3(iv) of the OM inter-alia provides that recovery should be made in all cases of overpayment barring few exceptions of extreme hardships.

2. The issue has subsequently come up for consideration before the Hon’ble Supreme Court in the case of State of Punjab & Ors vs Rafiq Masih (White Washer) etc in CA No.1152 7 of 2014 (Arising out of SLP(C) No.11684 of 2012) wherein Hon’ble Court on 18.12.2014 decided a bunch of cases in which monetary benefits were given to employees in excess of their entitlement due to unintentional mistakes committed by the concerned competent authorities, in determining the emoluments payable to them, and the employees were not guilty of furnishing any incorrect information / misrepresentation fraud, which had led the concerned competent authorities to commit the mistake of making the higher payment to the employees. The employees were as innocent as their employers in the wrongful determination of their inflated emoluments. The Hon’ble Supreme Court in its judgment dated 18th December, 2014 ibid has, inter-alia, observed as under:

“7. Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made. In order to ascertain the parameters of the above consideration, and the test to be applied, reference needs to be made to situations when this Court exempted employees from such recovery, even in exercise of its jurisdiction under Article 142 of the Constitution of India. Repeated exercise of such power, “for doing complete justice in any cause would establish that the recovery being effected was iniquitous, and therefore, arbitrary. And accordingly, the interference at the hands of this Court.”

“10. In view of the aforestated constitutional mandate, equity and good conscience, in the matter of livelihood of the people of this country, has to be the basis of all governmental actions. An action of the State, ordering a recovery from an employee, would be in order, so long as it is not rendered iniquitous to the extent, that the action of recovery would be more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, to recover the amount. Or in other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be permissible in law. Orders passed in given situations repeatedly, even in exercise of the power vested in this Court under Article 142 of the Constitution of India, will disclose the parameters of the realm of an action of recovery (of an excess amount paid to an employee) which would breach the obligations of the State, to citizens of this country, and render the action arbitrary, and therefore, violative of the mandate contained in Article 14 of the Constitution of India.”
3. The issue that was required to be adjudicated by the Hon’ble Supreme Court was whether all the private respondents, against whom an order-of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer. For the applicability of the instant order, and the conclusions recorded by them thereinafter, the ingredients depicted in paras 2& 3 of the judgment are essentially indispensable.

4. The Hon’ble Supreme Court while observing that it is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement has summarized the following few situations, wherein recoveries by the employers would be impermissible in law:-

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service).

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.

5. The matter has, consequently, been examined in consultation with the Department of Expenditure and the Department of Legal Affairs. The Ministries / Departments are advised to deal with the issue of wrongful / excess payments made to Government servants in accordance with above decision of the Hon’ble Supreme Court in CA No.11527 of 2014 (arising out of SLP (C) No.11684 of 2012) in State of Punjab and others etc vs Rafiq Masih (White Washer) etc. However, wherever the waiver of recovery in the above-mentioned situations is considered, the same may be allowed with the express approval of Department of Expenditure in terms of this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014.

6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.

7. Hindi version will follow.

(A.K. Jain)

Deputy Secretary to the Government of India

Download DoPT OM F.No. 18/03/2015-Estt. (Pay-I) dated 02.03.2016

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Delegation of powers to Ministries / Departments / Borrowing Organisations to extend deputation tenure upto 7 years in cases of Deputations. No extension of deputation beyond 7 years is to be allowed unless provided in the relevant Recruitment Rules of such deputation post.

Extension of Deputation Tenure up to seven years

Delegation of powers to Ministries / Departments/Borrowing Organisations to extend deputation tenure upto 7 years in cases of Deputations covered by DoP&T’s OM No. 6/8/2009-Estt(Pay-11) dated 17th June 2010

DoPT OM on Delegation of powers to Ministries / Departments/ Borrowing Organisations to extend deputation tenure upto 7 years in cases of Deputations covered by DoP&T’s OM No. 6/8/2009-Estt(Pay-11) dated 17th June 2010.
F.No. 2/6/2016-Estt. (Pay-II)

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
dated 17th February, 2016

OFFICE MEMORANDUM

Subject: Delegation of powers to Ministries / Departments/Borrowing Organisations to extend deputation tenure upto 7 years in cases of Deputations covered by DoP&T’s OM No. 6/8/2009-Estt(Pay-11) dated 17th June 2010 – regarding.

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 (copy enclosed). 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. It provides for duration of maximum Deputation Tenure as 5 years at a stretch. As per para 8.3.1 (iii) of this OM, no further extension beyond the fifth year shall be considered.

2. Various administrative Ministries/ Departments/ Borrowing Organisations have been approaching this Department for relaxation of the 5 year deputation tenure condition, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.6.2010 ibid.

3. It has been decided that if the administrative Ministries / Departments and other borrowing organizations wish to retain an officer beyond 5 years, they may extend tenure of deputation covered by OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010, where absolutely necessary in public interest, upto a period not exceeding 7 years at a stretch. This shall be done with the approval of the Minister of the borrowing Ministry / Department concerned and in respect of other organizations with the approval of the Minister of the borrowing Ministry/Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilance clearance of the Officer concerned, NOC of the lending authority, UPSC / ACC approval wherever applicable. Thus, no case of extension shall be referred to Department of Personnel & Training, New Delhi.

4. All other terms and conditions issued vide OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010 will remain unchanged.

5. In cases where the necessity to have deputation tenures longer than seven years is felt, the concerned administrative Ministries / Departments/ borrowing organisations may amend the relevant Recruitment Rules of such deputation post accordingly, after following the requisite procedure. No extension of deputation beyond 7 years is to be allowed unless provided in the relevant Recruitment Rules of such deputation post. It is reiterated that no case for extension beyond five years shall be referred to DoPT.

6. It is also clarified that cases which are not covered by the OM dated 17.6.2010 including those where Central Government is neither lending authority nor borrowing authority, will continue to be decided in terms of the relevant provisions/ rules/ instructions etc. governing them.

7. These orders shall come into effect from the date of issue of this OM.

(Ashok Kumar Jain)
Deputy Secretary (Pay)

Download DoPT OM F.No. 2/6/2016-Estt. (Pay-II) dated 17.02.2016

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