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Foreign Service Rules as per West Bengal Service Rules

Finance, ,

  1. No Govt. employee shall be transferred to foreign service whether within or outside India, against his will, and all transfer to foreign service require the sanction of Govt. (Rule 97 of WBSR – I)
  2. A transfer to foreign service is not permissible unless:-
    • The duties to be performed after transfer are such as should, for public reasons, be rendered by a Govt. employee, and
    • The Govt. employee transferred holds at the time of transfer, a post either permanent or temporary, paid from general revenues, or holds a lien on a permanent post or, would hold a lien on such a post had his lien not been suspended. (Rule 98 of WBSR – I)
  3. If a Govt. employee is transferred to foreign service while on leave, he ceases, from the date of such transfer, to be on leave and to draw leave salary. (Rule 99 of WBSR – I)
  4. If a Govt. employee 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 such substantive or officiating promotion in those cadres as the authority competent to order promotion may decide. In giving promotion, such authority shall take into account –
    • The nature of work performed in foreign service, and
    • The promotion given to juniors in the cadre in which the question of the promotion arises.
  5. Nothing in this rule shall prevent a member of a Gr. C or Gr. D Service from receiving such other promotion in Government service as the authority who would have been competent to grant the promotion had he remained in Government service may decide
  6. This rule does not apply to a Government employee having no lien or suspended lien on a permanent post under Government. (Rule 100 of WBSR – I
  7. A Government employee 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 the provisions of rule 97, the amount of his pay, the amount of joining time admissible to him and his pay during sad joining time will be fixed by Government in consultation with the foreign employer. (Rule 101 of WBSR – I)
  8. Contribution towards the cost of pension and leave salary shall be paid by the Government employee himself, unless the foreign employer agrees to pay them, but they shall not be payable during leave taken while in Foreign Service. (Rule 102(2) of WBSR – I)
  9. Contribution for leave salary or pension, due in respect of a Government employee in foreign service, may be paid annually within 15 days from the end of each financial year or at the end of foreign service, if the deputation on foreign service expires before the end of a financial year, and if (he payment is not made within the said period, interest must be paid to Government on the unpaid contribution, unless specially exempted by Government, at the rate of two paise per day per Rs. 100 from the date of expiry of the period aforesaid up to the date on which the contribution is finally paid. The interest shall be paid by the Government employee or the foreign employer according as the contribution is paid by the former or the latter. (Rule 106 of WBSR – I)
  10. A Government employee in foreign service, if appointed to officiate in a post in Government service will draw pay calculated on the pay of the post in Government service on which he holds a lien or would, hold a lien had his lien not been suspended and that of the post in which he officiates. His pay in foreign service will not be taken into account in fixing his pay. (Rule 111 of WBSR – I)
  11. A Government employee reverts from foreign service to Government service on the date on which he takes charge of his post in Government service: provided that, if he takes leave on the conclusion of foreign service before joining his post, his reversion shall take effect from such date as Government may decide. (Rule 112 of WBSR – I)
  12. The traveling allowance of a Government employee both when proceeding on transfer to foreign service and when reverting to duty under Government, shall be borne by the foreign employer. (Rule 115 of WBSR – I)
  13. P.F. subscription in respect of persons on foreign service within the state of West Bengal, shall be paid by the concerned Foreign Employer direct into Treasury/ Bank through T.R. Challans supported by P.F. schedules. Advance copies of such challans and schedules shall be required to be sent to A.G.W.B.
  14. As regard foreign service outside the state of West Bengal the foreign employers are required to send their P.F. subscriptions through demand draft drawn on any Kolkata Branch of a Public Sector Bank together with P.F. schedules. Outstation cheques will not be accepted under any circumstances. (Ref: G.O. 10668-F dated 16.10.1984)
  15. The term same station will mean the station where the employee concerned was on duty before proceeding on deputation. Where there is no change of head quarter with reference to the post held before deputation the transfer should be treated as within the same station. Transfer to places falling within the jurisdiction of the same urban agglomeration, Corporation, Municipality, Notified areas and also to places contiguous to old head quarter will be treated as transfer within same station. (Ref: G.O. 3728-F dated 26.04.1999)
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