Provision regarding mandatory cooling off period between two deputations for appointment in the personal staff of Union Ministers

Provision regarding mandatory cooling off period between two deputations for appointment in the personal staff of Union Ministers

No. 2/ 11/ 2016-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated 20th.July, 2018.

OFFICE MEMORANDUM

Sub : Provision regarding mandatory cooling off period between two deputations for appointment in the personal staff of Union Ministers - Reg.

The undersigned is directed to refer to this Department's OM No. 6/8/ 2009- Estt.(Pay-11) dated 17th June, 2010 on the above subject which provides that there shall be a mandatory 'cooling off' period of three years after every period of deputation /foreign service upto Joint Secretary level posts and one year for Additional Secretary level posts.

2. References are received m this Department from various Ministries/ Departments seeking relaxation in respect of provisions of 'cooling off period between two deputations inter-alia for appointments in the personal staff of Union Ministers.

3. The issue of provision of cooling off period in the cases of appointments in personal staff of Union Ministers has been considered in this Department. Keeping in view the urgency of functional requirement in office of Union Ministers, it has been decided to dispense with the requirement of completion of mandatory 'cooling off period in respect of officers selected for personal staff of Union Ministers by amending Para 8.4 of this Department's OM No. 6/8/ 2009-Estt.(Pay-II) dated 17.06.2010, so as to read as under :-

"8.4. There shall be a mandatory 'cooling off' period of three year after every period of deputation /foreign service for Joint Secretary and below level officers and one year for Additional Secretary level officers. The requirement of cooling off shall, however, not be insisted upon for appointment in personal staff of Union Ministers. However, those officers who have not completed the required 'cooling off period from previous deputation and are posted in personal staff of Minister will have to revert to their parent cadre once their term in the personal staff of Minister ends for whatever reason. A prior consent may be obtained from such officers that they are willing to be appointed in personal staff of Minister in waiver of "cooling off' requirement, fully aware of the condition that they would be reverted back to their parent cadre once their term in personal staff of Minister ends for whatever reason and they will have to complete the "cooling off' period afresh.
Provided, if an officer is appointed from the personal staff of one Minister to the personal staff of another Minister, the cooling off shall not be insisted upon subject to overall ceiling of 10 years in personal staff of Minister and sub-ceiling of 5 years as PS/ OSD.

Provided further that the officers who are appointed in the personal staff of Minister after completion of required cooling off period from the previous deputation can be appointed to another deputation, in continuation of deputation in the personal staff of Ministers, if duly selected, subject to overall ceiling of deputation, other conditions relating to deputation and NOC of the parent cadre/ organisation. The admissibility of Deputation (Duty) Allowance will, however, be only upto 5th year counting from the initial deputation."

4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

5. This amendment shall be effective from the date of issue of this O.M.

Sd/-
(Ashok Kumar Jain)
Deputy Secretary to the Govt. of India

Source: DOPT