A Government servant in foreign service will draw pay from the foreign employer from the date on which he relinquishes charge of his post in Government service. Subject to any special restriction, which the Government may by general order impose, the amount of his pay, the amount of joining time admissible to him and his pay during such joining time will be fixed by the authority sanctioning the transfer in consultation with the foreign employer.
Delegations under Rule 114
[1. The authorities delegated with powers under F.R. 110(c) to transfer Government servants referred to in the delegation have power to fix the pay of such Govt. servants in foreign service, also subject to the following conditions] :
[Memo.No. 21282/240/F.R.-I/71-1, Dt. 14-6-1971]
(a) [Not Printed].
(b) No concessions are sanctioned in addition to pay, except—
(i) Payment of leave and pension contribution by the foreign employer;
(ii) Grant of travelling allowance under the Andhra Pradesh Travelling Allowance Rules;
(iii) Grant of House Rent Allowance and other Compensatory Allowances at the appropriate rates provided that :—
(1) such allowances are specifically admissible under the rules to the Government servants stationed in the same localities; and
(2) the foreign employer meets the cost of such allowances.
(c) In the case of medical officers and subordinates lent to local bodies, the pay shall be admissible in the cadres in which they held posts prior to their transfer but such Compensatory Allowances are attached to the posts in foreign service may be permitted to be drawn.
Note (1) : —The travelling allowance of a Government servant, both in respect of the journey on transfer to foreign service and journey on reversion therefrom to Government service will be borne by the foreign employer.
N.B. : —The above note applies even in cases where the Government servant, lent takes leave on reversion before joining duty under Government.
Note (2) : —The Following orders regulate the amount of remuneration which may be sanctioned by the Government, to a Government servant when transfer to foreign service is involved :—
The pay which a Government servant transferred to foreign service, shall receive in such service must be precisely specified in the orders sanctioning the transfer. If it is intended that he shall receive any remuneration, or enjoy any concession of pecuniary value, in addition to his pay proper, the extent, nature of such remuneration, or concession must be similarly specified. No Government servant will be permitted to receive any remuneration or enjoy any concession which is not so specified ; and if the order is silent as to any particular remuneration or concession, it must be assumed that the intention is that it shall not be enjoyed.
No order of transfer to foreign service shall be issued by Government without previous consultation with its Finance Department. It shall be open to that department to prescribe by general or special order cases in which its consent may be presumed to have been given. (Vide Instructions under Rule 7)
The following two general principles must be observed by Government in sanctioning the conditions of transfer :
(a) The terms granted to the Government servant must not be such as to impose an unnecessarily heavy burden on the foreign employer;
(b) The terms granted must not be so greatly in excess of the remuneration which the Government servant would receive in Government service as to render foreign service appreciably more attractive than Government service.
Provided that the two principles laid down in paragraph (3) above are observed, Government may sanction the grant of the following concessions by the foreign employer. Such concessions must not be sanctioned as a matter of course but in those cases only in which their grant is in accordance with local custom and is in the opinion of the Government justified by the circumstances. The value of the concessions must be taken into account in determining the appropriate rate of pay for the Government servant in foreign service :—
(a) The payment of contributions towards leave salary and pension under the ordinary rules regulating such contributions ;
(b) The grant of travelling allowance under the ordinary travelling allowance rules of the Government or under the rules of the foreign employer, and of Fixed Travelling Allowance, Conveyance Allowance etc.;
[ Note :—All India Service Officers, may be deputed to autonomous bodies. Corporations whether incorporated or not which are wholly or substantially owned or controlled by the State Government]. [G.O.Ms. No. 19, Finance, Dt. 20-1-1973]
(c) The use of tents, boats and transport of the foreign employer on tour;
(d) The grant of free residential accommodation which may be furnished in cases where the Government consider this to be desirable, on such scale as may seem proper;
(e) The use of motors and carriages of the foreign employer.
The grant of any concessions not specified in paragraph (4) above, requires the sanction of Government.
Note (3) :—When a Government servant is transferred to foreign service under a private employer, the authority sanctioning the transfer should require the employer to deposit security equivalent to three months' pay of the Govt. servant in foreign service.
For this purpose, the term “ private employer ” will not include —
Reserve Bank of India, Municipalities, all local bodies in the State, *all Public Sector undertakings of the Government of India, and of the State.
*[G.O.Ms.No. 412, Finance, Dt. 16-12-1964]
Note (4) :—The whole expenditure in respect of any compensatory allowance for periods of leave, in or at the end of foreign service, shall be borne by the foreign employer.