Overstay while on deputation

1. Under the existing instructions issued by DOP&T vide their O.M. dated 17.6.2010, circulated on the Railways vide Board’s letter of even number dated 28.7.2010, extension of deputation beyond fifth year is not allowed, Further as per the DOP&T’s O.M. dated 29.11.2006, circulated vide Board’s letter No. F(E)II/2008/DE1/1 dated 04.4.2008, deputationist officer would be deemed to have been relieved on the

date of expiry of the deputation period unless the competent authority with requisite approvals, extended the period of deputation in writing, prior to the date of its expiry.

2. In their present O.M. dated 1.3.2011 (copy enclosed) it has been stated by DOP&T that despite these clear instructions, proposals for regularization of overstay of officers on deputation beyond the five year period continue to be received in the Department. It has, therefore, been reiterated by DOP&T that it will be the responsibility of the immediate superior officer to ensure that the deputationist does not overstay and

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 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 and henceforth no ex-post facto approval for regularisation of overstay on deputation would be allowed.

No. 6/8/2009-Estt (Pay-II)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Dated the 1st March, 2011

OFFICE MEMORANDUM

Subject: Overstay while on deputation.

1. Undersigned is directed to refer to this Departments OM of even number dated the 17th June, 2010 and to say that as per existing instructions no extension in deputation beyond the fifth year is allowed. Further, as per the OM No. 14017/30/2006-Estt(RR) dated the 29th November, 2006, 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 is observed that despite these clear instructions, proposals for regularization of over stay of officers on deputation beyond the five year period continue to be received in the Department. It is reiterated that 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 unauthorised overstay not being counted 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.

2. All Ministries/Departments may please not that henceforth no ex-post facto approval for regularization of overstay on deputation would be allowed.

Sd/- (Mukesh Charuvedi)

Deputy Secretary to the Government of India