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 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.
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3.
Consequent upon 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:-
“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 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.
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 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
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
