Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

New Delhi 110001
August 20, 2001



The undersigned is directed to invite attention of the Ministries/Departments to this Departmentís Office Memorandum No.35034/1/97-Estt(D)(Vol.IV) dated 10.2.2000 furnishing clarifications to various points of doubts raised by the Ministries/Departments about certain issues in connection with the implementation of the ACP Scheme. In reply to point of doubt No.29 whether the upgradations under ACPS are to be allowed to the employees who are on deputation in other organisations/on training/on study leave, following clarification was furnished:

"It has been clarified vide Condition No.6 of ACPS that such upgradation shall not entitle for deputation to higher posts. Therefore, as a corollary, upgradation under ACPS shall be allowed, in respect of employees who are on deputation, only on notional basis, as otherwise such upgradation in the cadre may have a bearing on the deputation pay of the official. However, an employee will get the actual benefit on the basis of such notional pay fixation under ACPS with prospective effect only on repatriation. Similarly, since an employee draws leave salary while on leave, he will get similar treatment as allowed to a person on deputation. However, upgradation under ACPS may be allowed to an employee who is on training as he is on duty for all practical purposes".

2. A number of Ministries/Departments/Organisations have reported to this Department that due to the provision for admissibility of financial upgradation under ACPS only on notional basis during the period of deputation, officers who have availed the higher scale under ACPS in their cadre, or are expecting the same shortly, are reluctant to opt for appointment on deputation to ex-cadre posts and many persons who are already on deputation have also opted to revert to the parent cadre on availing the ACP benefit without completing the period of deputation. This has created problems in securing the services of suitable persons for appointment against ex-cadre posts. DoP&T has been requested to review the existing provisions of the ACPS in this regard.

3. Accordingly, the matter has been examined and keeping in view the problems faced by various Ministries/Departments/Organisations in filling up the ex-cadre posts, it has been decided that while eligibility of an employee for appointment against an ex-cadre post in terms of the provisions of the Recruitment Rules of the ex-cadre post will continue to be determined with reference to the post/pay scale of the post held in the parent cadre on regular basis (and not with reference to the higher scale granted under ACPS), such an officer, in the event of his selection, may be allowed to opt to draw pay in the higher scale under ACP Scheme without deputation allowance during the period of deputation, if it is more beneficial than the normal entitlements under the existing general orders regulating pay on appointment on deputation basis. Clarification to point of doubt No.29 in this Departmentís O.M. dated 10.2.2000 ibid stands amended to the above extent. There is no change in the clarification relating to admissibility of ACPS to persons on leave/on training.

4. Past cases, decided otherwise on the basis of the earlier clarification, may also be reviewed in the light of the above decision.

5. All Ministries/Departments are requested to bring the above decision to the notice of all concerned for immediate action.




All Ministries/Departments of the Government of India

Copy to:-

1. The Presidentís Secretariat, New Delhi.

2. Vice-Presidentís Secretariat, New Delhi.

3. The Prime Ministerís Office, New Delhi.

4. The Supreme Court of India, New Delhi.

5. The Rajya Sabha Secretariat, New Delhi.

6. The Lok Sabha Secretariat, New Delhi.

7. Cabinet Secretariat, New Delhi.

8. Central Vigilance Commission, New Delhi.

9. The Comptroller and Auditor General of India, New Delhi.

10. The Union Public Service Commission, New Delhi.

11. All attached offices under the Ministry of Personnel, Public Grievances and Pensions.

12. The Secretary, National Commission for Minorities.

13. The Secretary, National Commission for Scheduled Castes/Scheduled Tribes.

14. The Secretary, Staff Side, National Council (JCM),13-C, Ferozeshah Road, New Delhi.

15. All Staff Side Members of the National Council (JCM.)

16. NIC (DoP&T) for placing this Office Memorandum on the website of DoP&T

17. All Sections/Officers in DoP&T

18. Facilitation Centre, DoP&T (20 copies)

19. Establishment (D) Section, DoP&T (200 copies).