Distinction between ‘Deputation’ and ‘Foreign Service’ – Clarification

GOVERNMENT OF ANDHRA PRADESH
FINANCE (FR.II) DEPARTMENT

Cir.Memo.No:22777/113/FR.II/12

Dated 11-09-2012

Sub: Fundamental Rules – Distinction between ‘Deputation’ and ‘Foreign Service’ – Clarification – Instructions – Issued.

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According to the A.P. Fundamental Rules, the term deputation is not defined, only “Foreign Service” is defined. As per FRs “Foreign Service” means service in which a Government servant receives his pay with sanction of Government from any source other than the Consolidated Fund of the Union or of the State or of the Union Territory. Further under Foreign Service Rules in A.P.Fundamental Rules, the word mostly used is ‘transfer to foreign service’ and ‘a Government Servant in foreign service’. Therefore, the term ‘deputation’ need not necessarily mean ‘Foreign Service’.

2. In some departments, Government employees are being drafted to other Government Departments on “deputation’ basis on administrative grounds or on personal problems of the individuals. In some departments he departments are not taking any action for filling up of the vacant posts and they are being filled up by borrowing the individuals from other Government departments on deputation basis. When the departments are being sanctioned additional staff by the Government, orders are being used stating that the method of appointment is as “on deputation” from other departments. In all these cases the term deputation is being interpreted in terms of deputation under FR 110 to 126, which is causing confusion in respect of tenure of deputation, and payment of leave salary and Pension Contribution.

3. According to the Government of India instructions the following is the interpretation:

“Distinction between ‘Deputation’ and ‘Foreign Service’

The term ‘Deputation’ of a Government Servant means his appointment on a temporary bass in another department of the same Government or another Government. The deputation may be from on department of Central/State Government to another department of Central/State Government or from one State Government to another department of State Government or central government and vice-versa. This is purely a case of temporary transfer from Government to Government basis; whereas it is termed as ‘Foreign service’ when a Central/State Government servant goes to Non-Government organization (Autonomous Bodies/ Public Sector or Private Companies etc.)”.

4. However, when employees of Union/other State Governments are working in Andhra Pradesh, Government of Andhra Pradesh is paying the Leave Salary and the Pension Contribution. Similarly when employees of Andhra Pradesh to go to Union/Other States to work, Andhra Pradesh has to collect the Leave Salary and the Pension Contribution, as ultimately on their retirement pension is being paid by Government of Andhra Pradesh only. Hence, if the above policy of Government of India is adopted, Government of Andhra Pradesh has to forego the above amounts. Thus, Government of Andhra Pradesh has to incur the expenditure on pensions while the employees work for other Governments/units for such period, which is an additional expenditure to State Government.

5. Hence, in respect of State Government i.e., Government of Andhra Pradesh the following is defined as “Foreign Service/Deputation.”

1. When the employees of Government of Andhra Pradesh are lent to Autonomous Bodies/ Corporations/ Central Government/ Other State Governments such arrangement is treated as ‘Foreign Service’ as stipulated under FR 110 to 126 and the Executive Instructions issued there under.
2. When the Government servants of one department are deputed to work in another department of Government of Andhra Pradesh, that service is to be treated as ‘Deputation’.

Some departments have a clause in their service rules to bring/send the employees from other Departments, on tenure basis. This cannot be treated as Foreign Service, but only as deputation. When no limit for such tenure basis is mentioned they are adopting G.O.Ms.No:10, Finance & Planning (FW.FR.II) Department, dated 22-1-1993 i.e., rules pertaining to Foreign Service. This is grossly inappropriate. Generally tenure is limited for two or three years. Hence, the departments may not follow the above rules of G.O.Ms.No:10, Finance & Planning (FW.FR.II) Department, dated 221-1993 while deputing employees from one Government department to another Government department.

6. In respect of para 5(a) above the borrowing institutions have to pay the Leave salary and the Pension Contribution as per the provisions of FR 116. In respect of para 5(b) above no such contributions need to be paid.

7. All the Departments of Secretariat and Heads of Departments are requested to follow the above clarification scrupulously and also issue instructions to their subordinate officers accordingly.

Dr. D.SAMBASIVA RAO,

PRINCIPAL SECRETARY TO GOVERNMENT (FP)

To
The Accountant General, Andhra Pradesh, Hyderabad.
All Departments of Secretariat (20 copies each)

Amendment to Andhra Pradesh Leave Rules, 1933

GOVERNMENT OF ANDHRA PRADESH
A B S T R A C T

Public Services – Amendment to Andhra Pradesh Leave Rules, 1933 – Notification – Orders – Issued.

FINANCE (FR.I) DEPARTMENT

G.O.Ms.No.129

Dated 01-06.2007.

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O R D E R:

The following notification will be published in the Andhra Pradesh Gazette.

N O T I FI C A T I O N

In exercise of the powers conferred by the proviso to Article 309 read with Article 313 of the Constitution of India and of all the powers here-unto enabling the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Leave Rules, 1933.

A M E N D M E N T

In the said rules after rule 5-A, the following shall be added, namely:-

“Rule 5-B:- A Government servant shall be deemed to have resigned from the service if he –

1. is absent without authorization for a period of exceeding ‘one year,’ or
2. remains absent from duty for a continuous period of exceeding five years, with or without leave; or
3. continues on foreign service beyond the period approved by the State Government:

Provided that a reasonable opportunity to explain the reason for such absence or continuation on foreign Service shall be given to the Govt. Servant before the provisions of this sub-rule are invoked:

2 These orders are available on Internet and can be accessed at the address http://www.aponline.gov.in.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

POONAM MALAKONDAIAH

SECRETARY TO GOVERNMENT (FP)

To
The Accountant General, Andhra Pradesh, Hyderabad.
The Pay &Accounts Officer, Hyderabad.
The Secretary to Governor, Andhra Pradesh, Hyderabad.
All Secretaries to Government.
The Private Secretary to the Chief Minister and Private Secretaries to all Ministers.
All Departments of Secretariat.
All the Heads of Departments (including Collectors and District Judges). The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.
All the District Treasury Officers.
The Secretary, Andhra Pradesh GENCO/TRANSCO.
The General Manager, A.P. State Road Transport Corporation, Hyderabad.
The Director, Government Printing Press, A.P. Hyderabad for publication in the Andhra Pradesh Gazette.
Copy to SF/S.Cs.

Amendment to rule 18 of the Andhra Pradesh Fundamental Rules

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Amendment to rule 18 of the Andhra Pradesh Fundamental Rules – Notification – Orders – Issued.

FINANCE (FR.I) DEPARTMENT

G.O.Ms.No.128

Dated:01-06-2007

O R D E R:

The following notification will be published in the Andhra Pradesh Gazette.

N O T I F I C A T I O N

In exercise of the powers conferred by the proviso to Article 309 read with Article 313 of the Constitution of India and of all the powers here-unto enabling the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Fundamental Rules and Subsidiary Rules:-

A M E N D M E N T

In the said rules, after rule 18, the following shall be added, namely:-

“Rule 18-A:- A Government servant shall be deemed to have resigned from the service if he –

1. is absent without authorization for a period exceeding ‘one year,’ or
2. remains absent from duty for a continuous period exceeding five years with or without leave; or
3. continues on foreign service beyond the period approved by the State Government;

Provided that a reasonable opportunity to explain the reason for such absence or continuation on Foreign Service shall be given to the Govt. Servant before the provisions of this sub-rule are invoked:

2.  These orders are available on Internet and can be accessed at the address http://www.aponline.gov.in.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

POONAM MALAKONDAIAH

SECRETARY TO GOVERNMENT (FP)

To
The Accountant General, Andhra Pradesh, Hyderabad.
The Pay & Accounts Officer, Hyderabad.
The Secretary to Governor, Andhra Pradesh, Hyderabad.
All Secretaries to Government.
The Private Secretary to the Chief Minister and Private Secretaries to all Ministers.
All Departments of Secretariat.
All the Heads of Departments (including Collectors and District Judges).
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.
All the District Treasury Officers.
The Secretary, Andhra Pradesh GENCO/TRANSCO.
The General Manager, A.P. State Road Transport Corporation, Hyderabad. The Director, Government Printing Press, A.P. Hyderabad for publication in the Andhra Pradesh Gazette.
Copy to SF/S.Cs.

Service Rules Clarifications and Orders

Deputation of Probationers - Clarificatory guidelines – Issued.

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

FOREIGN SERVICE – Terms of Deputation of Government Servants deputed on Foreign Service – Deputation of Probationers - Clarificatory guidelines – Issued.

FINANCE AND PLANNING (FW FR.II) DEPARTMENT

G.O.Ms.No:343.

Dated:30-09-1994.

Read the following:-

1. G.O. (P) No.10, Finance and Planning (FW.FR.II) Department, dated 22-01-1993.
2. G.O.Ms.No:46, General Administration (SW) Department, dated 28-1-1994.
3. Recommendations of the High Power Committee.

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O R D E R:

Rule 9 of General Rules of Andhra Pradesh State and Subordinate Service Rules lays down that the absence of a member of service from duty in such service, whether on leave or on foreign service or on deputation or for any other reason and whether his lien in a post borne on the cadre of such service is suspended or not, shall not if he is otherwise fit, render him ineligible in his turn for appointment to any substantive or officiating vacancy in another service for which he may be an approved candidate, as the case may be, in the same manner as if he had not been absent, and also he shall be entitled to all the privileges in respect of appointment, seniority, probation and appointment as full member which he would have enjoyed but for his absence subject to his completing satisfactorily the period of probation on his return.

2. In sub-para xviii (b) of para 2 of G.O. (P) No.10, Finance and Planning FW: FR-II) Department, dated 22-11-1993 it is ordered that foreign service including service on deputation does not count for probation in the parent department and, therefore, the probationer sent on deputation suffers from the fact that, even though he puts in considerable period of service under foreign service organisation, his interest in the parent department cannot be safeguarded by declaration of his probation unless rules are relaxed. It is also ordered that in view of this difficulty, instructions were issued in Government circular Memo No.47447-G/1951/FR.II/76-1, dt.12.10.76, to the effect that only approved probationers need be sent on deputation/foreign service.

3. The Joint Action Committee of Employees, Teachers and workers' of Andhra Pradesh have represented among others that according to the existing instructions, only approved probationers can be deputed on Foreign Service and this is causing hardship in departments, like Co-operative Department, where nearly two-thirds of the posts are institutional posts and as departmental officers have to depend mostly on institutional posts for promotions etc. The Joint Action Committee has also represented that on account of these instructions, restricting deputation only to approved probationers, several employees are denied their promotions resulting in stagnation to the adverse interest of employees. It was, therefore, represented that deputation may not be restricted to approved probationers only.

4. The High Power Committee constituted in G.O.Ms.No.46, General Administration (SW) Department, dated 28-01-1994 to go into the demands of the Joint Action Committee of Employees, Teachers and Workers of Andhra Pradesh after considering the various aspects of the issue and in order to subserve the public interest due to administrative exigencies and also in the context of the problems faced by certain Departments/Organisations made the following recommendations:-

1. A person on promotion can be retained in foreign service, if the promotion post is vacant.
2. No post shall be upgraded for accommodating a person who is being promoted while on foreign service.
3. Such benefit may be confined to Cooperative Institutions, Agricultural Market Committees, DRDAs/SC/BC/ST/Women Coop. Finance Societies and institutions like APVVP which have yet to build their own cadres after obtaining options etc.
4. Under no circumstance, a direct recruit, who is not an approved probationer shall be deputed to foreign service.
5. Officiation in posts sanctioned under FR 127 and Government posts in other Departments on tenure basis shall count for purposes of probation and promotions. Consequently, the rules will have to be amended wherever such officiation is denied for reckoning minimum service, and
6. General Administration (Ser.) Department may consider amending the rules, wherever necessary.

5. The Government accept the recommendations and issue the following guidelines, pending amendment to rules by the General Administration (Ser.) Department wherever necessary:

1. A person on promotion can be retained in foreign service on deputation in respect of institutions indicated at (iii) below, if the promotion post is vacant.
2. No post shall be upgraded by the Borrowing Authority for accommodating a person who is being promoted while on foreign service, and such person shall be repatriated for joining in the promoted post in his parent department.
3. Such benefit may be confined to Coop-Institutions, Agricultural Market Committees, DRDAs/SC/BC/ST/Women Cooperative Finance Societies; and institutions like APVVP which have yet to build their own cadres.
4. Under no circumstance, a direct recruit who is not an approved probationer shall be deputed to foreign service.
5. Officiation and posts sanctioned under FR 127 and Government posts in other Departments on tenure basis shall count for purposes of probation and promotion. Consequently, the rules will have to be amended wherever such officiation is denied in relevant rules, for reckoning minimum service.

6. Consequently, instructions in sub-para (xviii) (b) of para 2 of G.O. (P). No.10, Finance & Planning (FW:FR-II) Department, dt. 22-11-1993 have to be applied keeping in view the above guidelines.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

A.R. JAYA PRAKASH,

SPECIAL SECRETARY TO GOVERNMENT

To
The Accountant General, Andhra Pradesh, Hyderabad. All Departments of Secretariat (20 copies each) All Heads of Departments including District Judges.
All District Treasury officers
All Collectors
All Superintendents of Police
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.