Judicial alarm as sweeping 27th Amendment to the Constitution of Pakistan raises fears for court autonomy | The National Assembly has passed the 27th Amendment bill in a heated session underscoring sweeping changes in judicial, military and constitutional spheres | Power dynamics shift in election oversight: magistrate roles under review | Bar associations mobilise as legal fraternity warns of intelligence-agency tie-ups in judicial reform | The Lex is not registered organization, and we don’t take responsibility of anything posted on its truthfulness |

Deputation

Deputation is defined as an arrangement between borrowing and sending authorities for utilizing the services of an company in public interest and exigencies of services against a particular past. Status of the deputationist is that of temporary. Deputationist cannot remain on deputation for an indefinite period or stipulated period according to his own whims and wishes.

2010 SCMR 378

Deputation would mean an employ an arrangement where by government any sanction of government authority or statutory body had agreed to lend any employ of such department, organization institution to any other department on mutually acceptable constitution between the lending and borrowing authority.

1996 PLC CS 564

In civil service law deputists defined as a civil servant who is appointed through process of selection to a post in a department or service, altogether different from the one to which he permanently belongs, such a government servant continues to enjoy his status so long he as holds the new post in an officiating or temporary capacity but ceases to be regulated as such either on confirmation of the new post or reversion to his substantive post.

PLD 1996 SC 771

In other words deputation is an arrangement whereby the same one department of the same government or of another government or autonomous or other body institution agrees to borrow the services of employ concern on certain conditions mutually acceptable to both the lending and borrowing authority. Where the government deputed to serve under the borrowing authority and continues to be borne on service cader of the lending authority until he is permanently observed into service of the borrowing authority and upon such absolution his further association with the lending authority stands terminated or comes to an end.

However during the period of deputation of the government employ the lending authority retain the power to recall him. It is so desired likewise the borrowing authority also enjoys such power to re-return the deputed employ to his apparent department or lending department.

PLD 1995 Kar 619

Terms and condition along with period of deputation have to be negotiated or settled between lending and borrowing authority subject to the condition that the term should not be less favorable to civil servant concerned. Deputationist is a government servant, who is appointed or transferred through process of selection to a post in a department or service altogether different from the one to which he permanently belongs. Such government servant continues to enjoy his status so long as he holds the new post in an officiating or temporary capacity but seizes to be regarded, as such, either on confirmation/absorption in the new post or on reversion to his substantive post. When a person belonging to a particular service or cadre is transferred to another cadre or autonomous body, the same amounts to deputation and terms and conditions of such civil servant have to be settled between borrowing and lending authority. Tenure of such appointment is also term and condition of service as per civil servant act 1973 and when tenure is so fixed and notified it has to be honoured by both borrowing and lending authorities except in special circumstances when borrowing agency directs repatriation of deputationist.

 

Leave a Comment

Your email address will not be published. Required fields are marked *