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Rule 113 - Promotion on Deputation | KartavyaDesk

FR/SR

Original Rule Text

F.R. 113. (i) A Government servant transferred to foreign service shall remain in the cadre or cadres in which he was included in a substantive or officiating capacity immediately before his transfer and may be given subject to the conditions prescribed under the second proviso to Rule 30(1) [now FR 22 (II)] such substantive or officiating promotion in those cadres as the authority competent to order promotion may decide. In giving promotion, such authority shall also take into account the nature of the work performed in foreign service.

What This Means

FR 113 deals with the promotion prospects of a government employee who is transferred to 'foreign service'. Foreign service, in this context, doesn't mean working for the Ministry of External Affairs. Instead, it refers to service under an organization that is not directly controlled by the government, such as a public sector undertaking (PSU) or an international body. This rule ensures that even while working outside the direct government setup, the employee's career progression within their original government department isn't completely stalled. They can still be considered for promotions they would have been eligible for had they remained in their parent department.

The rule essentially states that a government servant on foreign service retains their lien (right to return) in their original cadre. The authority competent to grant promotions in the parent department can still consider them for substantive or officiating promotions. When deciding on a promotion, the authority must also consider the nature of the work the employee is performing in the foreign service. This ensures that the experience gained in the foreign service is taken into account when evaluating their suitability for promotion.

In essence, FR 113 aims to balance the benefits of allowing government employees to gain experience in different organizations with the need to ensure fair career progression within their original government departments. It affects all government employees who are transferred to foreign service and are eligible for promotions in their parent cadre.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Applies to government servants transferred to 'foreign service' (outside direct government control).
  • •The employee retains their lien in their original cadre.
  • •The competent authority can still consider the employee for promotions in their parent department.
  • •The nature of work performed in foreign service must be considered during promotion decisions.
  • •Promotion is subject to conditions prescribed under FR 22(II).

Practical Example

Ms. Anjali Sharma, a Section Officer in the Ministry of Finance, is deputed to the World Bank for a period of three years. While she is working at the World Bank, her colleagues in the Ministry of Finance are being considered for promotion to the post of Under Secretary. According to FR 113, the Ministry of Finance can still consider Ms. Sharma for promotion to Under Secretary, even though she is currently working at the World Bank.

The Promotion Committee will evaluate her performance and experience at the World Bank, considering the relevance of her work there to the responsibilities of an Under Secretary in the Ministry of Finance. If the committee finds her suitable, she can be granted a pro forma promotion, meaning she will be considered promoted on paper, and her seniority will be adjusted accordingly. Upon her return to the Ministry of Finance, she can then be formally posted as an Under Secretary, subject to availability of a vacancy.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What does 'foreign service' mean in the context of FR 113?▼
It refers to service under an organization that is not directly controlled by the government, such as a PSU, autonomous body, or international organization.
Does FR 113 guarantee a promotion for a government servant on foreign service?▼
No. It only allows for consideration for promotion. The competent authority will still assess the employee's suitability based on their performance and experience, including the nature of their work in the foreign service.
What happens if the employee is promoted while on foreign service?▼
They may be granted a pro forma promotion, which means their seniority is adjusted accordingly. Upon their return to their parent department, they can be formally posted to the promoted position, subject to vacancy availability.
Who is the 'authority competent to order promotion'?▼
This depends on the specific rules and regulations of the employee's parent department. It is the authority that would normally be responsible for granting promotions within that department.
How does FR 22(II) relate to FR 113?▼
FR 113 mentions that promotions are subject to the conditions prescribed under FR 22(II). FR 22(II) deals with pay fixation on promotion, so any promotion granted under FR 113 would also need to adhere to the pay rules outlined in FR 22(II).

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

According to F.R. 113, what happens to a government servant's position in their original department when they are transferred to foreign service?

Related Rules

Rule 36Fundamental Rules & Supplementary Rules - Rule 36 - Chapter IIRule 10Fundamental Rules & Supplementary Rules - Rule 10 - Chapter IIRule 1Fundamental Rules & Supplementary Rules - Rule 1Rule 114Fundamental Rules & Supplementary Rules - Rule 114 - Chapter VIIRule 120Fundamental Rules & Supplementary Rules - Rule 120 - Chapter VII

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