Rule 109 - Foreign Service Transfers
Original Rule Text
F.R. 109. The rules in this chapter apply to those Government servants only who are transferred to Foreign Service after these rules come into force. Government servants transferred previously will remain subject to the rules in force at the time of transfer.
F. R. 110.
(a) No Government servant may be transferred to Foreign Service against his will:
Provided that this sub-rule shall not apply to the transfer of a Government servant to the service of a body, incorporated or not, which is wholly or substantially owned or controlled by the Government.
(b) Transfer to Foreign Service outside India and in India may be sanctioned by the Central Government subject to any restrictions, which it may deem fit to impose by general or special order.
What This Means
F.R. 109 is a grandfathering clause within the Fundamental Rules related to Foreign Service transfers. Essentially, it states that the rules governing Foreign Service transfers outlined in the chapter only apply to government employees who are transferred to Foreign Service *after* the date these specific rules came into effect. Think of it like this: if you were already on Foreign Service before the new rules were implemented, you continue to operate under the old rules that were in place when you were initially transferred. This ensures consistency and avoids retroactively changing the terms of service for those already serving abroad.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1F.R. 109 applies specifically to Foreign Service transfers.
- 2The rule dictates the applicability of the chapter's rules based on the date of transfer.
- 3Government servants transferred *after* the rules came into force are governed by the new rules.
- 4Government servants transferred *before* the rules came into force remain subject to the old rules.
- 5This rule prevents retroactive application of new Foreign Service transfer rules.
Practical Example
Mr. Sharma was transferred to the Indian Embassy in Washington D.C. on January 1, 2010, under the Foreign Service rules prevalent at that time. In 2015, a new set of rules regarding Foreign Service transfers, including allowances and repatriation benefits, came into effect. Because Mr. Sharma's transfer occurred *before* 2015, F.R. 109 dictates that he continues to be governed by the rules in place in 2010. On the other hand, Ms. Verma was transferred to the Indian High Commission in London in 2016. She would be governed by the new rules that came into effect in 2015.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What constitutes 'Foreign Service' for the purpose of this rule?▼
How do I determine which rules were in force at the time of my transfer?▼
If I am transferred again *after* the new rules came into effect, will I be governed by the new rules?▼
Does F.R. 109 affect my pension benefits?▼
Where can I find the exact date when these 'new' rules came into force?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
F.R. 109 primarily addresses the applicability of rules concerning which type of transfer?