Deputation Policy 1979

  1. Notification dated 12.11.1979 — period of deputation of a civil servant — under the deputation policy, the period of deputation of a civil servant shall not exceed a period of 5 years.  Initially the period of deputation may be 3 years and after completion of 3 years’ period the Govt. servant is required to serve in his parent department for a minimum period of 2 years.  Thereafter he can again be sent on deputation. Held: although the Government has authority to extend the period of 1 year but before proceeding for second time it is mandatory that a civil servant shall serve in his parent department for a minimum period of 2 years. Shahid Hussain Malik v.  Azad Govt. & 3 others 2014 SCR 466 (A)
  2. Clause (X) of deputation policy — Held: the period of deputation cannot be extended without sending the civil servant back to his parent department. Shahid Hussain Malik v. Azad Govt. 2014 SCR 466 (B) Chairman BISE v.Raja M. Ayaz Khan and 3 others (Civil Misc. No.194/2012 dated 3.8.2012) ref
  3.  Rule (X) & (iv) — the normal period of deputation is three years — under Rule (iv) of the Deputation Policy dated 19. 12. 1979, the borrowing organization may revert a civil servant on deputation to his parent department even before the expiry of deputation period with prior consultation of the parent department.Abdul Haq Khan v. Azad Govt. & others 2016 SCR51 (A)
  4. Rule (X) & (iv) — initially the period of deputation shall be three years which may be extended up to 5 years, provided the civil servant served in the parent department for a minimum period of 2 years — held: the borrowing department may revert the deputationist with prior consultation of the parent department —Further held: There is no concept of calling back a deputationist by the parent department. Abdul Haq Khan v. Azad Govt. 2016 SCR 51 (B) 2010 SCMR 378, distinguished.
  5. Deputation — if an officer is sent on deputation to another department and he creates hardships in smooth functioning of that department, then he may be sent back to his parent department before completion of the period, fixed.  Shahid H. Malik v. Azad Govt. & others 2014 SCR 466 (C)
  6. Held: There is no provision in the deputation policy that the parent department may repatriate the deputationist. Abdul Haq Khan v. Azad Govt. & 4 others 2016 SCR 51 (C)
  7. — Clause IV … the borrowing organization may revert a civil servant on deputation to his parent department even before expiry of deputation period with prior consultation of the parent department. A civil servant cannot claim to remain posted on deputation against a particular post without consult of a borrowing department, however the borrowing department cannot revert a civil servant on deputation to his parent department without prior consultation, that too, for extending undue benefit to someone for political consideration   Hamza Sarwar versus Services & General Administration Department & 06 others 2023 SCR 687 (A & B) 2016 SCR 51 ref.
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