Deputation/foreign service for Central Government employees: Consolidated guidelines by DOPT

Deputation/foreign service for Central Government employees – Consolidated guidelines: DOPT OM dated 28.03.2024

No.DOPT-1711629234974
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT.(Pay-II)

******

North Block, New Delhi
Dated 28 March, 2024

OFFICE MEMORANDUM

Subject:- Consolidated guidelines on deputation/foreign service for Central Government employees

D/o Personnel & Training (DoPT) had vide OM No. AB-14017/2/07-Estt(RR) dated 29.02.2008 issued consolidated guidelines governing appointments of the Central Government employees to the posts filled on deputation / foreign service.

2. In so far as Central Government employees are concerned, foreign service has been defined as service in which a Government servant received his pay with the sanction of Government from any source other than the Consolidated Fund of India { FR 9(7)}.

3. Instructions contained in the OM referred above cover cases involving appointments under following categories:

[DOPT OM No. AB-14017/2/07-Estt(RR) dated 29.02.2008]

(a) Central Staffing Scheme (CSS)

Central Staffing Scheme (CSS) provides a systematic arrangement for selection and appointment of officers to senior administrative posts at Centre, excluding posts which are specifically encadred within the Organised Group ‘A’ Services or filled by recruitment through the Union Public Service Commission. Instructions governing various aspects of the Central Staffing Scheme issued from time to time have been consolidated and placed on the official website of DoPT. Matters relating to appointment under Central Staffing Scheme and other related issues are handled in the Office of the Establishment Officer (O/o the EO), DoPT.

[DoPT OM No.DOPT-1705650752584 dated 19.01.2024]

(b) Non-Central Staffing Scheme (Non-CSS)

Appointments to following categories of posts are covered under Non-Central Staffing Scheme:

i. Posts of Chief Vigilance Officer (CVOs). Guidelines/procedure for appointment of CVOs in CPSEs and other organizations under Central Government and their service conditions have been consolidated and placed on DoPT’s official website. Matters relating to appointment of CVOs and other related issues are handled in O/o the EO, DoPT.

[DoPT OM No.40/1/2022-EO(CVO) dated 18.11.2022]

ii. Posts in Statutory Bodies and Autonomous Institutions wholly or substantially funded or controlled by the Central Government. Selection to fill these posts is made through Search-cum-Selection Committee process as laid down in DoPT’s OM No. AB-14017/11/2004-Estt(RR) dated 30.07.2007 OR as per the approved Recruitment Rules OR as per the statutory provisions for institutions covered by specific statutes (with the approval of ACC for Chief Executives of Joint Secretary or above level). Tenure of these appointments shall be as prescribed under Central Staffing Scheme. Instructions on setting up Search Committees /Search-cum-Selection Committees and related topics have been placed on DoPT’s official website.

[AB.14017/24/2022-Estt.(RR) dated 31.08.2022]

iii. Posts in Central Public Sector Understakings. Subject to exemption from Immediate Absorption Rule, appointment to the posts under this category is made through Public Enterprises Selection Board (PESB)/ Search Committee (with the approval of ACC for Joint Secretary and above level posts). Tenure of these appointments shall be as prescribed under Central Staffing Scheme.

iv. Further, in partial modification of the existing instructions governing deputation/foreign service as also para 1.3 of this Department’s OM No.AB-14017/2/2007-Estt (RR) dated 29.02.2008, instructions have been issued vide DoPT’s OM No.6/8/2023-Pers.Policy (Deputation/Re-employment) Pt.XV 15.03.2024 regulating the appointment and other terms and conditions of deputation of Group ‘A’ officers of the Central Government to ex-cadre posts under a State Government/UT Administration including PSUs/ Autonomous bodies/Statutory Bodies/ Universities/Local Bodies under the States/UT Administration.

[DoPT’s OM No.6/8/2023-Pers.Policy (Deputation/Re-employment) Pt.XV dated 15.03.2024]

v. Posts in Constitutional Bodies or Staff Officers of Heads of Constitutional Bodies. Selection and appointments to the posts under this category is made through Civil Services Board OR on request by name, subject to vigilance clearance and suitability (with the approval of ACC for Joint Secretary and above level posts). Tenure of these appointments shall be as prescribed under Central Staffing Scheme.

vi. Posts in Statutory Bodies set up by an Act of Parliament or Staff Officers of Heads of such Statutory Bodies. Selection to the posts below Joint Secretary level shall be made by a Committee under the Chairmanship of Secretary(Personnel) with the approval of MoS(PP). Appointment to Joint Secretary and above level posts shall be made through Civil Services Board and with the approval of ACC. Tenure of these appointments shall be as prescribed under Central Staffing Scheme.

vii. Posts in Non-permanent, Non-Statutory Bodies with a specific term set up through executive orders/notification by the Central Government – like Administrative Reforms Commissions, Pay Commission, National Manufacturing Competitiveness Commission, Sachar Committee, Inquiry Commissions etc. Appointment to the posts under this category is made through Civil Services Board (with the approval of Appointments Committee of the Cabinet for Joint Secretary and above level posts). Tenure of these appointments shall be as prescribed under Central Staffing Scheme. If an officer moves from a Central Staffing Scheme post to Non-Central Staffing Scheme post, or vice versa, he/she shall be eligible for an additional tenure of two years, subject to at least two years on either post.

(c) Deputation to International Organisations

Appointments to posts in the following organisations are covered under this category:

(i) UN Organisations

(ii) International Financial Institutions like World Bank, IMF, ADB etc.

(iii) Multilateral organisations of which India is a member, like IAEA, WTO, Commonwealth Organisation, International Court of Justice, SAARC etc.

(iv) Bilateral Bodies set up under the Vienna Convention i.e. Embassies and Bodies set up under them, like USAID, DFID, NORAD etc.

(v) International NGOs or Funding Organisations from which India receives technical / financial assistance like international Red Cross Society, Action Aid, Aga Khan Foundation, Ford Foundation etc.

A Committee under the Chairmanship of Cabinet Secretary with Secretary(Personnel), Finance Secretary will screen all proposals for deputation on foreign service terms of officers of the level of Joint Secretary and above, on a case to case basis, after the proposals have been approved by the Cadre Controlling Authority. Such screening in the case of officers below the level of Joint Secretary will be done by a Committee chaired by the Secretary of the Cadre Controlling Ministry/Department with a member each, not below the level of Joint Secretary from the Department of Personnel & Training and Department of Expenditure. A final decision on the recommendation of the Screening Committee may be taken at the level of Minister-in-charge in the case of officers holding posts below Joint Secretary level and with the approval of the Prime Minister in the case of officers holding Joint Secretary level posts or above.

For appointments to the posts listed at (iv) above, the Foreign Secretary or the MEA Secretary concerned shall also be a member of the Committee under the chairmanship of Cabinet Secretary for officers of Joint Secretary and above level. For officers below Joint Secretary level, a nominee of Foreign Secretary not below the level of Joint Secretary would be included in the Screening Committee. Further, for appointments to the posts listed at (v) above, concurrence of Ministry of Home Affairs shall be taken. Maximum tenure of appointments under this category shall be 5 years at a stretch.

(d) Autonomous body, trust, society etc. not controlled by the Government or a private body

Appointments in the following bodies are covered under this category:

(i) Registered Societies or Trusts or Foundations or non-profit organisations or NGOs or cooperatives;

(ii) Apex bodies of Industries and Commerce.

For appointments to the posts in such autonomous or private bodies, all the conditions of the following criteria need to be fulfilled:

a. They are functionally autonomous of the Central and State Governments;

b. They are not substantially funded by the Central and State Governments;

c. Central or State Governments do not have powers to give them directions; and

d. They are not companies registered under the Registration of Companies Act.

Procedure for appointment to the posts in these bodies shall be as detailed in para 3(c) above. Maximum tenure of appointments under this category shall be 5 years at a stretch.

(e) Ex-Cadre deputation

D/o Personnel & Training has from time to time issued instructions / guidelines regulating appointment, pay, Deputation (Duty) Allowance, tenure of deputation/ foreign service and other terms and conditions of deputation/foreign service of the Central Government employees to ex-cadre posts under the Central/State Governments/ Union Territories (UTs) Administration/ Public Sector Undertakings (PSUs)/ Autonomous Bodies/ Statutory Bodies/ Universities/ Local Bodies etc. and vice-versa.

APPLICATION

2. These provisions apply to all Central Government employees, who are regularly appointed on deputation/foreign service in accordance with the provisions of the Recruitment Rules (RRs) of the ex-cadre posts, under the same or some other Departments of Central Government or under the State Governments/ UTs Administration/Local Bodies or under Central or State PSUs/Autonomous Bodies/Statutory Bodies etc. set up or controlled by Central/State Governments provided the foreign service under such PSUs/Autonomous Bodies/Statutory Bodies has been permitted in relaxation of appointment on immediate absorption basis. They also cover the cases of regular appointment on deputation/foreign service of employees of State Government/Local Bodies etc. as well as PSUs/Autonomous Bodies/Statutory Bodies of Central/State Governments as per RRs in the Central Government. In short, these instructions cover cases of deputation/foreign service where Central Government is either lending authority or borrowing authority or both.

2.1 However, in partial modification of the existing instructions governing deputation/foreign service as also para 1.3 of this Department’s OM No.AB-14017/2/2007-Estt (RR) dated 29.02.2008, appointment and terms and conditions of deputation of Group ‘A’ officers of the Central Government to ex-cadre posts under a State Government/UT Administration including PSUs/ Autonomous bodies/Statutory Bodies/ Universities/Local Bodies under the States/UT Administration, would be regulated as per the revised instructions issued in this regard vide DoPT’s OM No. 6/8/2023-Pers.Policy (Deputation/Re-employment) Pt.XV dated 15.03.2024. The terms and conditions governing such appointments, which have not been spelt out in the said OM shall be regulated by the instructions indicated herein.

[DoPT’s OM No. AB-14017/2/07-Estt.(RR) dated 29.02.2008; DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 17.06.2010; DoPT’s OM No. 2/9/2018-Estt.(Pay-II) dated 12.4.2021 and DoPT’s OM No. OM No.6/8/2023-Pers.Policy (Deputation/Re-employment) Pt.XV dated 15.03.2024]

2.2. However, the following cases are governed by separate set of instructions / guidelines, and they are not covered by these provisions: –

(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 under the Central Staffing Scheme (CSS) for whom separate orders issued from time to time continue to apply;

(c) Deputation to posts operated outside India;

(d) Appointments of a specific category of employees to a specified class of posts, such as appointments made in the Personal Staff of Ministers etc., in respect of which special orders are already in existence. However, the terms and conditions contained herein will apply to those cases to the extent they are not specifically covered under such special orders.

(e) Appointments of the nature of deemed deputation or transfers to ex-cadre posts made in exigencies of service with the specific condition that no Deputation (Duty) Allowance will be admissible – e.g. (i) interim arrangements in the event of conversion of a Government office/organization or a portion thereof into a PSU/ Autonomous Body or vice-versa; and (ii) appointments to the same post in another cadre.

[Para 2.1 and 2.2 of DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 17.06.2010]

SCOPE OF THE TERM ‘DEPUTATION/FOREIGN SERVICE’ RESTRICTIONS ON TREATING AN APPOINTMENT AS ON DEPUTATION/ FOREIGN SERVICE.

3.1 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 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.

3.2 The following types of appointments will not be treated as deputation/foreign service for the purposes of these orders:

(a) Appointment of serving employees made either by promotion or by direct recruitment from amongst open market candidates whether on permanent or temporary basis;

(b) Permanent appointment made by transfer/absorption;

(c) Temporary appointment made based on personal requests of employees;

(d) Arrangements necessitated by staff imbalances arising on reorganization of offices on the same or different stations, subject to the specific condition that no Deputation (Duty) Allowance will be admissible in such cases.

3.3 A person in a higher Level (in Pay Matrix) shall not be appointed on deputation to a post in lower Level (in Pay Matrix) if the deputation is from Central Government to Central Government and also in cases where the scale of pay and Dearness Allowance (DA) in the parent cadre post and ex-cadre post are similar.

[Para 3.1-3.3 of DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 17.06.2010]

3.4 However, no appointment on deputation/foreign service shall be made from/to Central Government/an organization where the scale of pay and DA pattern in the parent cadre post and ex-cadre post are dissimilar, if the basic pay in the parent cadre increased by one increment plus Dearness Allowance (s) including interim relief if any, admissible to a person in the parent cadre post exceeds the basic pay plus Dearness Allowance(s) including interim relief, if any, at the maximum of the pay Level in the Pay Matrix/pay scale of the ex-cadre post.

Note: In the revised pay structure under 7th CPC, the maximum of the scale would mean the last cell of any Level in the Pay Matrix.

Illustration:

In case of an appointment on deputation basis, from an organization to an ex-cadre post in the Central Government in Level 7 in the Pay Matrix, where the pay scale and DA pattern of the parent cadre post and ex-cadre post in Central Government are dissimilar, no appointment can be made to such post, if the basic pay in the parent cadre increased by one increment plus Dearness Allowance (s) including Interim Relief, if any, admissible in the parent cadre post exceeds the basic pay at the maximum of the Level 7 of the Pay Matrix i.e. Rs. 1,42,400/- plus Dearness Allowance (s), including Interim Relief, if any.

[DoPT’s OM No. 2/9/2018-Estt.(Pay-II) dated 12.04.2021]

EXERCISE OF OPTION.

4.1 An employee appointed on deputation/foreign service, may elect to draw either the pay in the Level (in the Pay Matrix)/Scale of pay of deputation/foreign service post or his/her basic pay in the parent cadre plus Deputation (Duty) Allowance thereon plus Personal Pay, if any. However, in case of appointment of Government employees on deputation/ foreign service to CPSEs, this option will not be allowed, and in such cases their pay will be governed in terms of the orders issued by Department of Public Enterprises vide OM dated 26.11.2008 and clarifications issued thereafter.

4.2 The borrowing authority shall 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.

4.3 The option once exercised shall be final.

4.4 However, the employee may revise the option under the following circumstances which will be effective from the date of occurrence of the same:

a. When he/she receives proforma promotion or is appointed to non-functional selection grade or up-gradation of scale in the parent cadre;

b. When he/she is reverted to a lower grade in the parent cadre;

c. When the scale of pay/level (in the Pay Matrix) of the parent cadre post based on 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 employee, in the event of proforma promotion/appointment to non-functional selection grade/revision/upgradation of scales of pay/level (in the Pay Matrix) in the parent cadre, his/her pay will be re-fixed 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 re-fixed is less.

Note: Revision in the rates of DA, HRA or any other allowance either in the parent or borrowing organization shall not be an occasion for revision of the earlier option.

4.5. If the pay of an employee in his cadre post undergoes downward revision, the pay in the ex-cadre post is also liable to be re-fixed based on revised pay and in accordance with the revised option or existing option if the employee does not revise his option.

[Para 4 of DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 17.06.2010]

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 excadre post; and if no 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. However, if the cell so arrived at after adding an increment is less than the minimum of the cell in the Level (in Pay Matrix), the pay will be fixed at the minimum of the cell in the Level (in Pay Matrix).

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.

(ii) In case of 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 ex-cadre post are based on the same index level and the DA pattern is also 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 organization, 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 organization 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 parent cadre and if there is no such stage, pay may be fixed at the next higher stage.

Illustration:

A person drawing emoluments as Basic Pay – Rs. 34,000/- and Dearness Allowance – Rs.44,200/- (DA @ 130%) with increment @ 3% per annum on the basic pay, is appointed in Central Govt. in the Level 11 of Pay Matrix (in 7th CPC) with DA @ 10% on deputation basis, his pay will be fixed as under:-

a. Adding one increment to the basic pay in the substantive post in parent cadre:

Pay in parent cadre post = Rs. 34,000/-.
Increment = 3% of Rs. 34,000/- = Rs. 1,020/-
Adding one increment = Rs. 35,020/- [i.e. Rs. 34,000/- + Rs. 1,020/-]

b. Pay and DA admissible in parent cadre:

DA @ 130% on basic pay = Rs. 45,526/- (130% of Rs. 35,020/-) Total emoluments in the parent cadre = Rs. 80,546/- (Rs. 35,020/- + Rs. 45,526/-)

c. Now, fixing pay in ex-cadre post in Level 11 of Pay Matrix (with DA @10%) on the basis of emoluments drawn in parent cadre:

Pay in ex-cadre i.e. Rs. 80,546/- shall comprise of Rs. 73,224/- (Basic Pay) + Rs. 7,322/-(DA @ 10%)

Pay Matrix

Band Pay	15600-39100
Grade Pay	6600
Level	11
3	71800
4	74000

Since there is no cell in Level 11 of Pay Matrix matching Rs. 73,224/-pay will be fixed at Rs.74,000/- i.e. next cell in higher stage. So, the pay in ex-cadre post will be fixed at Rs.74,000/.

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.

(ii) Deputation from State Government/UTs Administration to Central Government:

(a) When the Level (in Pay Matrix)/Pay Scale of the post in the parent cadre and that attached to ex-cadre post are based on the same index level and the DA pattern is also same, the pay may be fixed as provided under 5.1(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 organization, the pay may be fixed as provided under 5.1(ii) (b) above.

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 In cases 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 In cases 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.

Note-1: The term parent post and basic pay means the post held on regular basis in the parent organisation and pay drawn/ admissible in such a post respectively.

Note-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/her regular post. During the period of deputation/foreign service, he/she shall earn notional increments in the parent cadre post. On reversion, if he/she is re-appointed to the higher post on regular or ad-hoc basis his pay will get fixed with reference to the pay admissible in the lower post on the date of such re-appointment. In such cases, if his/her 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 Government 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 Government employees who are already holding a higher post on ad-hoc basis or expecting it shortly in the parent cadre may weigh all 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 Government, if governed by similar rules in parent organization.

Note-3: Pay of an officer appointed on deputation/foreign service on ad hoc basis pending selection of a regular incumbent may also be regulated in accordance with provisions of Paras 5.1 & 6.1 of this O.M.

Note-4: The provisions of this Para as well as Para 6 will not apply to appointments on Personal Staff of Ministers. Such appointments will be regulated by separate specific orders issued by the Government in that behalf.

[ Para 5 of DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 17.06.2010 read with OM No. 2/10/2018-Estt.(Pay-II) dated 2.3.2021]

DEPUTATION (DUTY) ALLOWANCE

6.1 The Deputation (Duty) Allowance admissible shall be at the following rates:

(a) Within the same station, the 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 change of station, the allowance will be payable at the rate of 10% of 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; and

(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-Practicing Allowance, their basic pay plus Non-Practicing 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/-.

6.1.2 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 basic 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.

6.1.3 However, if the upgradation is to Level 14 (in the Pay Matrix) 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.

6.1.4 In the case of Proforma Promotion under Next Below Rule (NBR), if such a Proforma Promotion (upto 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.

6.1.5 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.

6.1.6 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 on the presumptive pay.

[DoPT’s OM No. 2/11/2017-Estt.(Pay-II) dated 24.11.2017 and DoPT’s OM No. 2/11/2017-Estt.(Pay-II) dated 15.3.2021]

Note: Basic Pay in the revised pay structure (the pay structure based on 7th CPC 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 of pay like personal pay, etc.

Note: 1 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: 2 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.

6.2 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 arduous or unattractive. Where special rate is more favourable than that given in Para 6.1 above, employees deputed to the area will be given the benefit of the special rate.

6.3.1 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 one, the rate of Deputation (Duty) Allowance would remain unchanged.

6.3.2 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 be refixed as per 6.1 (b).

[Para 6.2 and 6.3 of DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 17.06.2010]

ADMISSIBILITY OF PAY, ALLOWANCES AND BENEFITS WHILE ON DEPUTATION/FOREIGN SERVICE

7.1 Any project allowance admissible in a project area in the borrowing organization may be drawn in addition to Deputation (Duty) Allowance.

7.2 Any special allowance 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 allowance 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.

7.3 In case special allowance is attached to the scale of pay of the ex-cadre post and the employee has opted to draw pay in that scale, then, in addition to the pay in that scale, he will also be entitled to draw such special allowance. However, such special allowance will not be admissible if he has opted to draw pay in the parent cadre scale/grade pay plus Deputation (Duty) Allowance.

7.4 Personal pay, if any, drawn by an employee in his parent department will continue to be admissible on deputation/foreign service if he/she opts to draw pay in the parent cadre plus Deputation (Duty) Allowance. No Deputation (Duty) Allowance on this personal pay will, however, be admissible.

7.5 Increments – The employee will draw increment in the parent cadre or in the Level (in the Pay Matrix) attached to the deputation post as the case may be, depending on whether he has opted for the parent cadre pay plus Deputation (Duty) Allowance or the pay of the deputation post. If he has opted for pay of the deputation post, notional increments shall also continue to accrue to him in the post held on regular basis in the parent cadre/organization for the purpose of regulation of pay on repatriation to the parent cadre/post at the end of the tenure.

7.6(a) Such allowances as are not admissible to regular employees of corresponding status in the borrowing organisation shall not be admissible to the officer on deputation/ foreign service, even if they were admissible in the parent organisation.

(b) Following allowances will be regulated with mutual consent of the lending and borrowing organization:

a. HRA/Transport Allowance.

b. Joining time and Joining Time Pay.

c. Travelling Allowances and Transfer T.A.

d. Children Education Allowance.

e. 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 organization depending on whether he has opted to draw pay of the ex-cadre post or the parent cadre post.

ii. Medical Facilities – This will be regulated in accordance with the rules of the borrowing organization.

iii. Leave – An officer on deputation/foreign service shall be regulated by the Leave Rules of the parent organization. If, however, an employee proceeds from vacation department to non-vacation department, or vice-versa, he shall be governed by Leave Rules of the borrowing organization. At the 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.

[Para 7.1-7.6 of DoPT’s OM No. 6/8/2009-Estt. (Pay-II) dated 17.06.2010]

(d) Military Service Pay (MSP): In case an army officer entitled to Military Service Pay in parent cadre opts for parent cadre pay on deputation to a civil post, MSP will be admissible as a separate element, provided Deputation (Duty) Allowance will not be reckoned on MSP but only on Basic Pay.

[On the basis of clarification dated 16.2.2017 issued by D/o Expenditure]

7.7 Leave Salary/Pension/NPS Contribution

i. As at present, allocation of leave salary and pension contribution between different Ministries/Departments of Central Government and between Central and State Government 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 sanctioned leave and no contributions are payable to the lending organization. Liability for pension/employee’s contribution to CPF 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 service terms to Central Public Sector Undertakings/ State Public Sector Undertakings and Autonomous Bodies etc., leave salary contribution (except for the period of leave availed of on foreign service) and pension contribution/ Contributory Provident Fund (CPF) (Employer’s share) contribution are required to be paid either by the employee himself or by the borrowing organization to the Central Government. In cases of reverse deputation from Central Public Sector Undertakings/ State Public Sector Undertakings/ Autonomous Bodies/local bodies to Central Government, the employer’s share of CPF for the period of deputation to the Central Government will be borne either by the employee himself or borrowing organisation i.e. Central Government depending on the terms of deputation. A clear mention of the stipulation on whether the Central Government or the employee would bear the liability may be made in the terms of deputation.

[DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 15.2.2012 ]

iii. In cases of reverse deputation from Central Public Sector Undertakings/ State Public Sector Undertakings/ Autonomous Bodies/local bodies to Central Government, the question regarding leave salary and pension contribution will be decided by mutual consent.

iv. In case of employees covered under New Pension Scheme (NPS), the borrowing department shall make requisite contribution to the NPS account of the employee.

TENURE OF DEPUTATION/FOREIGN SERVICE

8.1 The period of deputation/ foreign service shall be as per the provisions of the RRs of the ex-cadre post or 5 years in case no tenure regulations exist for the ex-cadre post.

8.2 In case where the period of deputation/foreign service prescribed in the RRs of the ex-cadre post is 5 years or less than 5 years, the borrowing Ministry/Department/ Organization may grant extension upto the 6th year after obtaining orders of their Secretary (in the Central Government)/ Chief Secretary (in the State Government)/ equivalent officer (in respect of other cases) and for the 7t h year with the approval of the Minister of the borrowing Ministry /Department and in respect of other organizations with the approval of the Minister of the borrowing Ministry/Department with which they are administratively concerned.

[DoPT’s OM No. 2/6/2018-Estt.(Pay-II) dated 18.5.2018 ]

8.3.1 The borrowing Ministries/Departments/Organizations may extend the period of deputation up to the seventh year where necessary in public interest, subject to the following conditions:

i. The extension would be subject to the prior approval of the lending organization, the consent of the official concerned and wherever necessary, the approval of the UPSC/ State Public Service Commission and Appointment Committee of Cabinet (ACC).

ii. If the borrowing Ministry/Department/Organization wishes to retain an officer beyond the prescribed tenure, it shall initiate action for seeking concurrence of lending organization, individual concerned etc. six months before the date of expiry of tenure. In no case it should retain an official beyond the sanctioned term unless prior approval of the competent authority to grant further extension has been obtained.

iii. No further extension beyond 7th year shall be granted.

8.3.2 Admissibility of Deputation (Duty) Allowance would be only upto fifth year.

[DoPT’s OM No. 2/6/2016-Estt.(Pay-II) dated 23.02.2017 ]

COOLING OFF

9.1 There shall be a mandatory ‘cooling off’ period of three years after every period of deputation/foreign service up to Joint Secretary level posts (i.e. deputation post carrying pay in Level-14 of the Pay Matrix) and one year for Additional Secretary level posts (i.e. deputation post carrying pay in Level-15 of the Pay Matrix).

The Ministries/Departments may not sponsor name of any such officer who is not likely to complete the mandatory ‘cooling off’ period by the time the officer is likely to be selected. Further, while sponsoring the name of any such officer who has not completed the mandatory cooling off period, the parent cadre authority may inform the borrowing department that the officer will be relieved only after he/she completes the mandatory cooling off period.

[DoPT’s OM No. 2/1/2012-Estt.(Pay-II) dated 4.1.2013 ]

9.2 A Central Government employee shall be eligible for deputation/foreign service to posts in State Government/State Government Organization/ UT Administration / Government of UT’s Organization/Autonomous Bodies. Trusts, Societies, PSUs etc. not controlled by the Central Government only after he has completed 9 years of service and is clear from the vigilance angle.

9.2.1 However, with the approval of the Minister-in-charge of the Ministry/Department/ Organization:

i. Central Government employee after completion of 7 years of service in his/her cadre, may be allowed to go on deputation to any State of North-Eastern Region and Union Territories of Jammu & Kashmir, Ladakh, Andaman & Nicobar and Lakshadweep or on foreign service to any entity controlled by and located in the afore said States/ Union Territories;

ii. Central Government employees may be allowed to go on deputation to State Governments /Union Territories or on foreign service to any entity controlled by and located in the States/ Union Territories on spouse ground after completion of 6 years of service in the cadre.

[DoPT’s OM No. 2/15/2017-Estt.(Pay-II) dated 18.10.2018]

10. If during the period of deputation/foreign service, on account of Proforma Promotion in the parent cadre the official concerned becomes entitled to a higher pay in the Level (in the Pay Matrix) in the parent cadre vis-a-vis that of the ex-cadre post, the official shall complete his/her normal /extended tenure of deputation already sanctioned with the approval of the competent authority. The pay shall be regulated as under:

a. If the Level (in the Pay Matrix) of the officer in the parent cadre becomes higher than that of the deputation post after getting Proforma Promotion, he may be allowed the pay in the Level (in the Pay Matrix) of the post to which he is promoted, if he so opts. In such cases, extensions in deputation after employee has received the Proforma Promotion may be considered as per the instruction in paras 8.1 to 8.3.2.

b. If he draws the pay in the Level (in the Pay Matrix) attached to the deputation post, on reversion to his parent cadre, his pay may be fixed by allowing him notional increments in his regular post in the parent department.

c. If the Level (in the Pay Matrix) of the officer in the parent cadre becomes higher than that of the deputation post on getting financial upgradation under the ACP/MACP scheme, the officer may be allowed to draw the pay in Level (in the Pay Matrix) to which he becomes entitled to under the ACP/MACPS, if opted for by him, as laid down in Para 27 of Annexure I to the DoPT OM No. 35034/3/2008 -Estt.(D) dated 19th May, 2009.

[DoPT OM No. 35034/3/2008 -Estt.(D) dated 19th May, 2009]

PREMATURE REVERSION OF DEPUTATIONIST TO PARENT CADRE.

11. Normally, when an employee is appointed on deputation/foreign service, his services are placed at the disposal of the parent Ministry/ Department/Organization 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 a notice of at least three months to the lending Ministry/Department/ Organization and the employee concerned.

OVERSTAY ON DEPUTATION

12. The deputationist officer is 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 the responsibility of the immediate superior officer to ensure that the deputationist does not overstay. In the event of the officer overstaying for any reason whatsoever, he/she is liable to disciplinary action and other adverse Civil/Service consequences which would include the period of unauthorized overstay not being counted for service for the purpose of pension and that any increment due during the period of unauthorized overstay being deferred with cumulative effect, till the date on which the officer rejoins his parent cadre.

[DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 1.3.2011 ]

All the Ministries/Departments are to ensure that deputations are strictly monitored by the lending Government Ministry/Department/Organization. Requests of the borrowing authorities for no objection to extension of deputation should be closely scrutinized to curb tendency to allow extensions on extraneous ground and overstay.

[DoPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 16.5.2013 ]

RELAXATION OF CONDITIONS

13. Any relaxation of these terms and conditions will require the prior concurrence of the Department of Personnel & training.

DATE OF EFFECT

14. 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 following:

i. Revised rates of Deputation (Duty) Allowance shall be applicable from 1.7.2017.
ii. Provisions of Para 8.1 and 8.2 shall be applicable from 18.05.2018. iii. Provisions of Para 8.3.1(iii) shall be applicable from 17.02.2016. iv. Provisions of Para 9.2.1 shall be applicable from 18.10.2018.
iii. Guidelines issued vide DoPT’s OM No. DOPT-1710841987283 dated 15.03.2024, referred in para 3(b)(iv) of this OM, shall take effect from the date of issue of the OM i.e. 15.03.2024.

15. List of the OMs mentioned in this document is annexed. In case, any reference to the relevant OM is required, the same may be accessed from DoPT’s website.

ANNEXURE

List of OMs mentioned in this Document 

S. No.	O.M. No.	O.M. Date	Subject
1	6/8/2009- Estt.(Pay-II)	01.03.2011	Overstay while on deputation.
2	6/8/2009- Estt.(Pay-II)	15.02.2012	Clarification regarding regulation of payment of employer’s share of contribution to the Contributory Provident Fund during the period of reserve deputation.
3	6/5/2012- Estt.(Pay-II)	30.11.2012	Provisions relating to proforma promotion.
4	2/1/2012- Estt.(Pay-II)	04.01.2013	Sponsoring of names of officers for deputation.
5	6/8/2009- Estt.(Pay-II)	16.05.2013	Proper Monitoring of deputation by the lending departments.
6	2/6/2016- Estt.(Pay-II)	17.02.2016	Delegation of powers to Ministries / Departments/Borrowing Organizations to extent deputation tenure upto 7 years in cases of Deputation covered by DOPT’s OM No. 6/8/2009-Estt.(Pay-II) dated 17th June, 2010 – regarding.
7	2/6/2016- Estt.(Pay-II)	23.02.2017	Admissibility of Deputation (Duty) Allowance while on deputation – regarding.
8	2/11/2017- Estt.(Pay-II)	24.11.2017	Grant of Deputation (Duty) Allowance – Recommendations of the Seventh Central Pay Commission – regarding.
9	2/6/2018- Estt.(Pay-II)	18.05.2018	Amendment in Para 8.1 and Para 8.2 of deputation guidelines issued vide OM No.6/8/2009-Estt.(Pay-II) dated 17th June, 2010.
10	2/15/2017- Estt.(Pay-II)	18.10.2018	Transfer of deputation/ foreign service of Central government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States/UTs – relaxation of para 8.5 of O.M. dated 17.06.2010.
11.	2/10/2018- Estt.(Pay-II)	02.03.2021	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.
12	2/11/2017- Estt.(Pay-II)	15.03.2021	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 7 th CPC context – clarification.
13	2/9/2018- Estt.(Pay-II)	12.04.2021	Amendment in Para 3.4 of deputation guidelines issued vide OM No.6/8/2009-Estt.(Pay-II) dated 17th June, 2010.
14	AB.14017/24/2022-Estt.(RR)	31.08.2022	Consolidated and revised instructions on constitution of Search Committees and Search-cum-Selection Committees
15	40/1/2022-EO(CVO)	18.11.2022	Guidelines/procedure for appointment of CVOs in CPSEs and other organizations under Central Government and their service conditions.
16	1705650752584	19.01.2024	Consolidated instructions governing Central Staffing Scheme (CSS).
17	OM No.6/8/2023-Pers.Policy (Deputation/Re-employment) Pt.XV	15.03.2024	Instructions governing appointment and terms and conditions of deputation of Group ‘A’ officers of the Central Government to ex-cadre  posts under a State Government/UT Administration including PSUs/ Autonomous bodies/Statutory Bodies/ Universities/ Local Bodies under the States/UT Administration in partial modification of the instructions governing deputation/foreign service and para 1.3 of this Department’s OM No.AB-14017/2/2007-Estt(RR) dated 29.02.2008

(Sign of Authority)
Mahesh Kumar
Under Secretary
23040489

******

Source: DOPT