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beno
22-02-2011, 07:20 PM
My friend who was working in my deptt. On deputation has been repatriated to his parent deptt. from September, 2010, On completion of his deputation period and now he again wants to apply for another post on deputation. The following is his query:-

The cooling off period between one spell of deputation and another spell of deputation was issued by DOPT vide order No. O.M.No. 14017/71/89-Estt(RR) dated: 3/10/1989. As per this order, whether their should be any cooling off period or not is to be decided by the cadre controlling authority.

Again the DOPT issued one order in 5/1/1994 with regard to regulation of pay, and other terms and conditions for deputation. In this nothing was mentioned regarding the cooling off period and the order dated 3/10/89 was the standing order for deciding upon the case.

Further amendments were made in 17/6/2010 by superseding the earlier order dt: 5/1/1994 and this time they have included cooling off period as mandatory of minimum 3 years even though the original order of 3/10/1989 have not been superseded and still maintains status quo for other various terms and conditions which is followed.

My friends query is whether the order dt: 3/10/89 can be used for taking into consideration for the benefit of the Govt. employee whereas the 17/6/2010 applies to all central govt. employees but certain creamy services were not covered under 17/6/2010 viz. All India Service,officers of Central secretariat i.e. Under Secretary. Dy. Secretary, Director, JS, Addl. Secretary, Secretary etc.
Personal staff of Minister etc. have been exempted from this order.

Even if the above said order dt:17/6/2010 seems to apply, whether the competent authority( cadre controlling) has the powers to waive the cooling off period under his discretionary powers vested as the HOD. Pl look into this aspect and advise whether there is any order so that the cooling off period could be relaxed by the HOD/Cadre controlling authority.

As this cooling off period is literally blocking the career growth of large number of Govt. employees where the promotional scope are bleak in their parent deptt. but no other go but to apply in different deptt so that the scale is not stagnated as well as it helps the Govt. employee to handle different types of work with more ease and confident. Such type of blocking order of cooling off period mars the career growth of hapless employees who get sand witched between devil and the deep sea.

Victor
22-02-2011, 08:00 PM
The latest order dated dated 17/6/2010 (http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02est/6_8_2009-Estt.(Pay-II).pdf), is an effort to consolidate all the provisions connected with deputation/foreign service and is applicable w.e.f. 1.1.2006. Although, the order dated 3/10/1989 is not specifically mentioned, this is deemed to have been superseded/amended to the extent mentioned in the latest order. If any revised instruction/ order is issued on a particular subject then the previous instructions/orders automatically stands modified.

Further, it is clarified that officers of Central Secretariat are also covered under this order. Only those officers who have been specifically appointed under the Central Staffing Scheme (this is different from the term Central Secretariat Service) are not covered as they along with other categories like AIS officers, personal staff of Ministers, etc., are covered under a different set of instructions/orders.

As regards discretionary powers of your Cadre Controlling Authority, it all depends on the said authority. He can take a lenient view if he has the discretion. There are no specific orders on this.

Victor

RKPATHAK
23-02-2011, 01:52 PM
Normally the cooling off period is the span one spent on deputation to another organisation. However, competent authority may take it granted whether to allow one to be on deputation. This can be said his discretionary or you can say nepotism