Deputation from Panchayat Raj guidelines

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Deputations - Policy on Deputation of employees in Panchayat Raj Department to Foreign Service or deputation on OD basis to other Government departments/agencies - orders – Issued.

PANCHAYAT RAJ & RURAL DEVELOPMENT (E.VII) DEPARTMENT

G.O.Ms.No. 360

Dated:-11-11-2011.

Read the following:

1. G.O.Ms.No. 10, Fin & Plg dept., dated. 22.01.1993
2. G.O.Ms.No.129, Finance, Dated. 1.6.2007
3. G.O.Ms.No. 2, Finance, dept., dated. 2.1.2010
4. From the Commissioner, Panchayat Raj & Rural Employment, Lr.No.8115/ CPR&RE/A3/2011, dt.19.7.2011.

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O R D E R:

Consolidated orders were issued in the G.O.1st read above on terms of deputation of employees, inter alia, that the total period of deputation should not exceed five years. In the G.O.2nd read above, orders were issued that if a Government servant continues on Foreign Service beyond the period approved by the Government, he shall be deemed to have resigned from the service. In the G.O.Ms.No.2 dt.2.1.2010, orders were issued stipulating cooling period between one deputation to another deputation of the Government employee for a period of atleast one year. All these orders are equally applicable to the employees of Panchayat Raj Department also. However, these orders are intended for Foreign Service only as defined in rule 9 (7) of A.P. Fundamental Rules. There are no guidelines or policy on deputation to one government dept to another government department/agencies. In the absence of proper policy on deputations in Panchayat Raj department, the following issues are being arised:

1. Few employees are grabbing the opportunity to work in other developmental departments and manage to retain there in the absence of proper guidelines on this subject. Consequently, other employees in Panchayat Raj department are not able to get equal opportunity to work in other Development departments or agencies.
2. Essentially, the development functionaries need to be exposed to various aspects of the development sphere by allowing them to work in other developmental departments. But this opportunity needs to be given equally to all PR functionaries in the department. However, there is a criticism that some of the officers/staff of the department are always working on deputation to stay at headquarters of the district or Hyderabad or other cities even by getting relaxations to the above said GOs.
3. Certain posts in other Rural Development agencies such as APARD, CRD are part of the cadre strength of Panchayat Raj department. These posts shall be filled with Panchayat Raj employees only. But due to large number of vacancies in the dept, the functionaries are not being posted. Consequently, Panchayat Raj employees are loosing promotional avenues in the department.
4. Vacancies caused due to deputation are kept vacant for the long time till the deputed person return to the parent department. This has caused dislocation of the work in the department in the absence of regular functionary especially in Mandal Parishads and Gram Panchayats.
5. There is always confusion whether the deputation of this department’s employees to other departments is considered as on foreign service terms or on OD basis.

2. The Commissioner, Panchayat Raj & Rural Employment, in the reference 4th read above, has furnished a proposal for a comprehensive policy on deputation from Panchayat Raj to other departments/agencies either on Foreign Service terms or on Other Duty (OD) basis. In view of the reasons mentioned in paragraph 1 above, it is felt expedient and necessary to issue orders on the deputation of employees in Panchayat Raj Department.

3.  The Government after careful examination of the proposal of the Commissioner Panchayat Raj & Rural Employment, hereby issue the following orders on the deputation of Officers and Staff from Panchayat Raj Department either on foreign service terms or Other Duty (OD) basis for strict compliance in addition to the orders already issued in the references 1st to 3rd read above.

1. Twenty Percent (20%) over and above the cadre strength of the posts in the department can be provided for deputation reserve.
2. Normally the borrowing departments such as APARD, Dr.MCRHRD Institute, Commissioner, Rural Development, SERP, State Election Commission, etc., have their own procedure to select the candidates who are seeking deputation to their organization as per their suitability to the post. Hence, a panel of shortlisted officers who are willing to work in the above organisations as per their seniority shall be forwarded to the borrowing department / agencies concerned to select an officer among the willing officers. The selected candidates only be relieved for the new assignment in the borrowing department.
3. If there is no selection procedure in the borrowing department, seniority shall be the criteria for deputation. Whenever a senior person in the seniority list refuses to go on deputation, the next person shall be given an opportunity.
4. The period of Deputation of an employee outside the Department either on Foreign Service terms or on OD basis shall not exceed 10 years in two spells in the entire service of the employee of the Panchayat Raj Department. However, each term of deputation shall not under any circumstances exceed 5 years. If one term of deputation is below 5 years, the employee can be allowed to be deputed in third spell also not exceeding 10 years of total period in entire service. The service rendered by PR employee in outside the Panchayat Raj Department either on foreign service terms or OD basis is considered as deputation period for this purpose.
5. When the vacancy arises due to deputation of employee, the Commissioner, Panchayat Raj & Rural Employment, should take necessary immediate action to fill up the vacancy especially head of the offices as per the rules in force.
6. The officers Directly Recruited from APPSC/DSC, should work atleast for 5 years in the department. Then only they are eligible for deputation to other departments. No relaxation shall be entertained to these rules under any circumstances.
7. Instances have been reported that the borrowing organizations are not relieving the deputed officer within the stipulated time. Hence after the completion of approved deputation period, the Commissioner, Panchayat Raj & Rural Employment, should suo moto take necessary action to give posting orders in the department and inform to the borrowing organization/department and the borrowing department is responsible for relieving the officer. The Commissioner, Panchayat Raj & Rural Employment, and district offices concerned should maintain a Register on Deputations to monitor and watch the deputations.
8. The deputed employee shall be deemed to have been resigned from service if he/she continues on deputation beyond the period approved by the Government as ordered in the G.O.2nd read above.
9. In case of the employees who have availed the maximum period of deputation of 5 years either in one organization or in different organizations, they have to necessarily work at least one year in the parent department i.e., Panchayat Raj Department before they are considered for further deputation to any organization/department. The cooling off period will be reckoned from the date the employee reports for duty in his parent cadre and also excluding any type of leave availed by him/her during the period in parent dept.
10. In cases of employees who are repatriated to parent department due to their promotion in the parent department they should not be considered for further deputation till they satisfactorily complete probation in the promoted post.
11. In case of employees who are repatriated to parent department for the reasons of disciplinary action, they should not be considered for deputation till the disciplinary case is closed and the currency of punishment is completed.
12. In the case of employees who are repatriated to parent department for other reasons than promotion and disciplinary action, such employees should not be considered for deputation till they work in parent department at least 6 months excluding any type of leave availed by them during that period. However, this provision is not applicable for those who have completed 5 years of deputation and repatriated to the parent department.
13. The deputation of employees from one Local Cadre post to another Local Cadre post is not permissible. It should be strictly in accordance with Presidential Order and G.O.Ms.No.610 GA (SPF.A) Dept dated 31.12.1985 read with GA (MC) department’s Memo. No. 9543/MC/2007-12 dated 2.7.2007 and other orders issued by the Government from time to time on this subject.

4.  The deputation terms as prescribed in the preceding paragraphs will not confer any right on the employee to remain on deputation. Panchayat Raj Department reserves the right to cancel the deputation at any time without assigning any reason.

5) The Commissioner, Panchayat Raj & Rural Employment, Hyderabad is requested to take necessary action in the matter. No deviation or exemption is permitted to the above orders.

6) These orders shall come into force with immediate effect.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. RAJIV SHARMA

PRINCIPAL SECRETARY TO GOVERNMENT

To
The Commissioner of Panchayat Raj & Rural Employment, Hyderabad.
All Chief Executive Officers of Zilla Parisahds in the state.
All District Panchayat Officers in the state.
Copy to: All other HODs/agencies under the control of PR & RD Department.

-// FORWARDED BY :: ORDER //-


SECTION OFFICER