Restriction in the matter of grant of benefit under ’Next Below Rule to Government servants deputed abroad
Government of India
Ministry of Finance
(Department of Expenditure)
New Delhi-2,the 17th October,1960.
Subject:- Restriction in the matter of grant of benefit under ’Next Below Rule to Government servants deputed abroad.
The undersigned is directed to invite attention to the provisions of ‘Fundamental Rule 51-A according to which when a Government servant is, with proper sanction, deputed for duty out of India to hold a regularly constituted permanent or quasi-permanent post, other than a post borne on the cadre of the service which ho belongs, his pay shall be regulated by the orders of the Central Government.
2. The Government of India have had under consideration the question as to what extent the benefit under the second proviso to F.R.30(i)(i.e. ’Next Below Rule’) as clarified in the late Finance Department letter No.F.2(25)-Estt. III/46 dated the 2nd April, 1947, could be given to Government servants deputed abroad.
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After a careful examination of this question the President has been pleased to decide that the benefits under the ’Next Below Rule’ shell not be admissible to” Government servants deputed to hold regularly constituted ex-cadre posts abroad. In such cases, however, on the reversion of the officer to the post whether in or out of India in the parent cadre which ho would have held but for his deputation to an ex-cadre post abroad, that portion of the period of deputation during which the conditions precedent to the grant of benefit under the ’next below rule are satisfied shall be taxon into account in fixing the pay of the Government servant. For this purpose, the deemed date of promotion in the post which may fall during the tenure of deputation shall be arrived at by applying all the conditions of ’next below rule’ and the pay on the date of actual appointment to that post immediately on reversion from deputation to an ex-cadre post abroad shall be fixed under F.R.27 by assuming that the officer had been promoted from the deemed date of promotion.
3. In order to ensure that the benefit of promotion to a higher post, is not unduly denied to the Government servants, it has been decided that the administrative Ministries, etc., should screen the officers to be deputed abroad so that only such officers are sent abroad, as are not likely to be promoted to any higher grade or post in their parent department during the period of deputation.
4. These orders shall be on applicable in respect of all cases of deputations abroad commencing on or after the date of issue of this Office Memorandum.
5.In so far as Government serving in the Indian Audit and accounts departments are concerned these orders have been issued after consultation with the comptroller & Auditor General of India.
Deputy Secretary to the Government of India.