The three-member bench of the Supreme Court ruled on Monday that a deputationist/government officer could continue service at any time by the appropriate authority.
The Apex Court dismissed a petition against the decision of the Federal Service Tribunal (FST) in a service matter by Justice Hasan Azhar Rizvi which reads that, “We may mention here that [a] deputationist by no stretch of the imagination and in the absence of any specific provision of law can ask to serve the total period of deputation.”
Being a deputationist, “[they] can be repatriated by
The court noted that deputation within a government department held that a vast compendium of operating procedures and regulations governing every aspect of government service) were silent about the requirement that a deputationist serve their entire period of assignment, and this omission seemed deliberate to enable the competent authority to use an employee’s service in any way it might deem appropriate and fit. In contrast, government departments play a vital role and can require recruitment when there is a shortage of knowledge in the area in question.
The Verdict Read that;
“In such situations, the prescribed procedure outlined in Rule 20-A of the Civil Servants (Appointment, Promotion, and Transfer) Rules, 1973, must be adhered to. However, it is imperative to emphasise that deputation should not entail an indefinite period of service but should conform to the specified duration for the deputation,”
“The normal period of deputation is three years and the concerned officer has to report back after completion of his three years period unless it has been extended to further two years and the maximum period is five years in terms of Serial No.27 (iv) of ESTA Code Volume-I, whereby both the borrowing and lending organisation[s] should ensure immediate repatriation of the deputationist,”.
The deputation period needed to be clearly defined, and after it is finished, the officer should be instantly released from their official duties, unless their time had been extended, according to the judgment.
