GOVERNMENT OF ANDHRA PRADESH
FINANCE (FR-II) DEPARTMENT
Cir. Memo.No. 22777/113/F.R.II/12 Dated
11-09-2012
Sub: Fundamental Rules - Distinction between 'Deputation' and
'Foreign service' - Clarification - Instructions - Issued.
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
the 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 Service' and 'a Government Servant in foreign Service'.
Therefore, the term 'deputation' needs 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 cases, the 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 a4ditional staff by
the Government, orders are being issued 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 F.R. 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 basis in another department of the same Government or another
Government. The deputation may be from one department of General/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; where
as it is termed as 'Foreign Service' when a Central / State Government servant
goes to Non-Government organization (Autonomous Bodies / Public Sector
enterprises 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 go to
Union / other State 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, Govt. of Andhra Pradesh has to incur the expenditure on pension 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., Govt. of Andhra Pradesh the
following is defined as 'Foreign Service / Deputation.
a)
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 F.R.110 to 126
and the Executive Instructions issued there under.
b)
When the Govt. 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, Fin. & Plg. (FW.FR-II) Dept.,
dt. 22-1-1993 i.e., rules pertaining to Foreign Service. This is grossly inappropriate. Generally,
tenure is limited for three years. Hence
the departments may not follow the above rules of G.O. Ms.No.10, Finance &
Plg. (FW.FR-II) Dept., dt. 22-1-1993 while deputing employees from one
Government department to another Government department.
6. In respect of para 5 (a) above the borrowing institutions has 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.
Samba Siva Rao,
Principal Secretary to Govt. (FP).
