GOVERNMENT OF INDIAMINISTRY OF'ltAIL WAYS

(RAILWAY BOARD)

PC-VI No. 147RBE .No. 174/2009

No.F(E)II12009/DE 1/3 New Delhi, dt.'2.3.09.2009

The General Managers/OSDs/CAOsAll Indian Railways etc.(As per Standard Mailing List)

Sub:- Fixation of pay on deputation after implementation of Railway Service(Revised Pay) Rules - clarification reg.

Ref:- (i) Railway Services(Revised Pay) Rules, 2008 notified vide G.S.R.No.643(E) dated 4th September, 2008.

(ii) Railway Board's letter No.F(E)II194/DE-1/1 dated 5.12.1994.

In continuation of the instructions issued vide Board's letter No.PC-VV20081VRSRP/1 dated 25.09.2008, on the basis of Ministry of Finance, Department ofExpenditure's Office Memorandum No.l/1/2008-IC dated 13.09.2008, a copy of furtherclarification issued by Ministry of Finance, Department of Expenditure vide their OfficeMemorandum of same number dated 26.03.2009 on the above subject is enclosed forinformation and guidance. The instructions contained therein will apply mutatismutandis to Railway employees also.

Please acknowledge receipt.

t4~I"".( Sukhe:i:" Kaur )

Deputy Director Finance (Estt.)IRailway Board.

DAiAs above

No.F(E)II/2009/DE 1/3 New Delhi, dt.23.09.2009

Copy to : Deputy Comptroller & Auditor General of India (Railways), RoomNo.224, Rail Bhawan, New Delhi (with 40 spares)

~~rfor Financial Com~sionerlRailways

...... 2/-

F.No·W2008-ICGovernment of IndiaMinistry of Finance

Department of Expenditure(Implementation Cell)

••••••••••

New Delhi, the 26th March, 2009

OFFICE MEMORANDUM

Subject:.

Fixation of pay on deputation after implementation of CCS(Revised Pay) Rules- clarification reg.

Vide this Department's O.M. of even number dated 13th September,2008clarifications to the CCS (RP) Rules, 2008 were issued. Clarifications 4and 5 of the said. O.M. indicate the position regarding fixation of pay ofGovernment servants (including officersof Group' A' Services) in cases wherethey were on deputation and got promoted in the cadre subsequently whilestill on deputation and where Government servants go on deputation to alower post, respectively.

2. 'Consequent upon the issue of the above Clarifications, individualrepresentations and enquiries from some administrative ministries etc. havebeen received in this Department. While some clarifications were regardingapplicability of Department of Personnel & Training (DoPT) O.M. numberNo.2/29/91-Estt.(pay-II) dated 5.1.1994, others specifically related to payfixation while on Central Deputation under the Central Staffing Scheme afterthe implementation of the revised pay structure as a result of Sixth CPC'srecommendations. In this connection, it is hereby clarified that 'DoPT'sconsolidated instructions on the subject of transfer of Central Governmentemployees on deputation/ foreign service etc., issued vide their a.M. numberNo.2/29/91-Estt.(Pay-II) dated-05.01.1994continue to be in vogue. In the lightof the same, the following two' set of clarifications are giv-en. Whileclarifications under sub-heading (A) specifically relate to cases of deputationunder the Central Staffing Scheme alone, those under sub-heading (B) areapplicable in all other cases of deputation:-

(A) CASES OF DEPUTATION UNDER'THE CENTRAL STAFFING•SCHEME

(i) The extant Rules relating to Central Staffing Scheme permit officersholding posts in the higher pay scales in their parent cadres to beeligible for deputations under the Central Staffing Scheme for posts inlower scales of pay. Since this dispensation under the Central Staffing

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Scheme will continue to apply, Clarification 5 has been issued toregulate such cases;

(ii) In cases where pay has been regulated in terms of Clarification 4 of thisDepartment's OM of even number dated 13th September 2008, the payof officers belonging to AlS/Group 'A' Services will be fixed onrepatriation to their parent cadres from deputation under the CentralStaffing Scheme by granting the grade pay of their substantive post intheir cadre and fixing pay in the pay band with reference to the pay inthe pay band of their next junior who has continued in the cadre,giving notional benefit of increments as at present;

(iii) In cases where officers of the AIS/Group 'A' Services are onDeputation under the Central Staffing Scheme to a post with a lowergrade pay than the grade pay attached to their substantive post in theirparent cadre and where their pay has been regulated in terms ofClarification 5 of this Department's OM of even number dated 13th

September 2008; in such" cases, on their subsequent appointment to ahigher post while on deputation, the officers will be granted the gradepay of the higher post.

In the case of repatriation to their parent cadre, the Governmentservant will be granted the higher grade pay of their substantive postand their pay in the pay band will be fixed with reference to the pay inthe pay band of their next junior who has continued in the cadre,giving notional benefit of increments as at present.

(vi) As per DoPI' a.M. No.31/5/2002-EO(MM.I) dated 28th February 2002,if an officer (0£ All-India/Group' A' Service) has got non-functionalSelection Grade in his/her parent cadre then he/ she is eligible to drawhis/her grade pay from the date he/she has been granted the Non-functional Selection Grade by his/her parent cadre plus deputationallowance but the post of Deputy Secretary held by him/her can beredesignated as Director only when he/ she has completed 14 years ofservice, as on 1st July of the year in which 14 years are completed.Following the implementation of the Sixth CPC's recommendations,the conditions regarding appointment of Deputy Secretary underCentral Staffing Scheme remain unaltered and, therefore, theprovisions of the above' clarification of EO (MM) Division still holdgood.

B) ALL OTHER CASES OF DEPUTATION

(i) In tenus of para 3.5 of DoPr a.M. dated 5.01.1994, a person in a higherscale of pay shall not be appointed on deputation to a post in a lowerscale of pay. Accordingly, in the case of deputations other than under

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the Central Staffing Scheme, Government servants holding posts in ahigher grade will continue to be ineligible for appointment ondeputation to posts in the.lower grades;

(i!) However, a Government servant already on deputation/foreignservice as on 1.1.2006 would be entitled to exercise his option asprescribed in para 4 of DoPT a.M. dated 1.5.1994 for getting his payfixed on deputation. This option will also be available for futuredeputations. Accordingly, in terms of sub para (c) of para 4.3 of DoPTa.M. dated 01.05.1994, which states that 'when the scale of pay of theparent post on the basis of which his emoluments are regulated duringdeputation/ foreign service or of the ex-cadre post held by theGovernment servant on deputation/ foreign service is revised eitherprospectively or from a retrospective date', Government servants ondeputation can revise their option if the scale of pay of their parentpost or the post held by them on deputation has been revised as aresult of implementation of Sixth CPC's recommendations. This willensure that those Goverrtment servants whose parent post or the postheld by them on deputation has been upgraded as a result of SixthCentral Pay Commission's recommendations will not suffer amonetary loss on this account; and

(iii) In cases where pay has been regulated in terms of Clarification 4 of thisDepartment's OM of even number dated 13th September 2008, the payof Government servants will be fixed on repatriation to their parentcadres by granting them the grade pay of their substantive post in theircadre and their pay in the pay band will be fixed with reference to-thepay in the pay band of their next junior who has continued in thecadre, giving notional benefit of increments as at present.

4. Hindi version will follow.

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( ALOK SAXENA)DIRECfOR

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