2023 P L C (C.S.) 826
[Balochistan High Court]
Before Naeem Akhtar Afghan, CJ and Iqbal Ahmed Kasi, J
MUHAMMAD ALI ZAHOOR, ZONAL DIRECTOR (BISP)
Versus
GOVERNMENT OF PAKISTAN through Secretary Benazir Income Support
Programme Islamabad and 3 others
C.P. No.1674 of 2022, decided on 24th November, 2022.
(a) Civil service---
----Deputation--- Scope ---Normal period of deputation is three years and the concerne d
official has to report back after completion of his term of three years, unless it is further extended for two years ---Maximum period of deputation is five years in terms of Serial
No.27(iv) of the ESTA Code whereafter both the borrowing and lending orga nizations have
to ensure immediate repatriation of the deputationist ---Period of deputation has been defined
specifically and after the expiry of term, the deputationist should automatically be relieved from his duty, unless his deputation period has been extended.
Contempt proceeding against Chief Secretary, Government of Sindh 2013 SCMR
1752 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref.
(b) Civil service---
----Deputation--- Scope ---Deputationist does not have vested right to remain on the post as
deputationist forever or for the stipulated period---Deputationist can be ordered to be
repatriated to his parent department at any time without assigning any reason.
S. Masood Abbas Rizvi v. Federation of Pakistan, through Secretary Establ ishment
and others 2014 SCMR 799 and Dr. Shafi -ur-Rehman Afridi v. CDA Islamabad, through
Chairman and others 2010 SCMR 378 rel.
Naseebullah Tareen for Petitioner.
Date of hearing: 8th November, 2022.
ORDER
IQBAL AHMED KASI, J. ----The petitioner was ser ving as Deputy Controller
(Engineering) (PBC Pay Sclae -8/equivalent to BPS -19) in Pakistan Broadcasting
Corporation, Quetta. In the year 2021 in pursuance of advertisement, the petitioner applied
for the post of Divisional Director, Naseerabad, in Benazir Income Support Program ('BISP') and after being successful, his services were placed at the disposal of BISP, Islamabad by his parent Department. The petitioner joined BISP, against the post of Divisional Director (SPB -
19) Balochistan Region w.e.f. 17- 08-2021, on deputation basis, for initial period of three
years, in terms of BISP Employees' (Service) Regulation, 2018 and in this regard
Notification F.No.1(1528)/BISP/HR/BAL/2021, dated 30th August 2021, was also issued by
the Director HR (Regions), Governm ent of Pakistan, BISP, but later on, vide Notification
F.No.1(1528)/BISP/HR/BAL/2021, dated 12th October, 2022 (hereinafter "the impugned Notification") the petitioner was repatriated to his parent department. It is the case of the petitioner that no cogen t reason was mentioned in the impugned Notification; the same has
been issued in violation of terms and conditions of deputation with ulterior motives;, the same be set aside and the petitioner be allowed to continue his services in BISP and to complete hi s deputation period of three years.
2. We have heard the learned counsel for the petitioner and have gone through the
available record. Perusal of record reveals that the petitioner was initially inducted as Senior Broadcasting Engineer (equivalent to BPS -17) in Pakistan Broadcasting Corporation on
20.07.2006. While rendering his services, he was promoted as Engineer Manager (BPS -18)
in the year 2015, whereas, he was further promoted in the year 2020 in BPS -19. In the year
2021 some posts were advertised on the website of BISP. The petitioner applied for the post of Divisional Director, Naseerabad, BISP on Pay Scale- 8/equivalent to Pay Scale -19, on
which the requisition of services was issued by the respondents on 29.07.2021 and the services of the petitioner as Deputy Collector Engineering (PBC Scale- 8 / equivalent to Pay
Scale- 19) Pakistan Broadcasting, House, Quetta were placed at the disposal of BISP,
Islamabad on deputation basis, on standard terms and condition for a period of three years.
3. Before dilating upon the merits of the case, it w ould be appropriate to reproduce the
terms and conditions of Deputation, provided in the Benazir Income Support Programme (Employees' Service) Regulations, 2018 (hereinafter 'the Regulations of 2018), which read as follows:
"33. Terms and Conditions of D eputation. (1) The Appointing Authority shall, in the
interest of the Programme, post a Federal or Provincial Government servant or an employee of an organization set up, managed or controlled by the Federal Government or Provincial Government, who holds a ppointment on regular basis, on
deputation to equivalent post in the Programme as per following procedure.
(a) At least three nominations shall be obtained from the relevant Ministries/Divisions/Departments/Organizations.
(b) For posting in SPS -17 to SPS -20, a penal of officers shall be submitted to the
Secretary, who shall interview the officers and make selection accordingly.
(c) The concerned Department Selection Committee shall propose for postings in SPS-16 and below, a penal of officials to the Appointing Authorities after holding
interviews, in order of merit.
(d) The eligibility criteria as specified in Schedule- A regarding initial appointments
shall be followed for postings on deputation basis.
(2) The posting on deputation shall be made with mutual consent of the Lending Agency
and the Programme subject to approval of the concerned competent authority. The Lending Agency shall produce equivalence of their pays scales/grades with national pay scales approved by the Finance Division or Finance Departments of the Provinces.
(3) The employees on deputation shall have the option to either stick to their pay scales as prevalent in their parent organization along with deputation allowance or to opt for the Programme's pay package applicable to the scale to which they have been posted
on deputation.
(4) Save as above, the other terms and conditions of deputation of the employees on deputation, issued by the Establishment Division from time to time shall be applicable.
4. While considering entire backgroun d of the instant case, we have gone through the
judgment reported as 2013 SCMR 1752, Contempt proceeding against Chief Secretary, Government of Sindh, judgment reported as 2015 SCMR 456, Ali Azhar Khan Baloch v.
Province of Sindh, as well as ESTA Code, whe rein the requisites of deputation have been
highlighted.
5. The term "deputation" referred in Chapter -3, Part -II, Serial No.26 of the ESTA Code,
Vol.1, reads as under:
"As officer is said to be on deputation when his detached on special temporary duty
for the performance of which there is no permanently or temporarily sanctioned
appointment."
6. According to provisions of ESTA Code, the normal period of deputation is three years
and the concerned official has to report back after completion of his term of three years,
unless it is further extended for two years. The maximum period of deputation is five years in
terms of serial No.27 (iv) of the ESTA Code whereafter both the borrowing and lending organizations have to ensure immediate repatriation of the de putationist. Further it is also
clearly mentioned in the Esta Code, that period of deputation has been defined specifically and after the expiry of term, the deputationist should automatically be relieved from his duty, unless his deputation period has bee n extended.
7. The other pre -conditions of deputation referred in Chapter -III (Transfer, Posting and
Deputation) of the ESTA Code, are as under:
"(i). Where a post proposed to be filled is reserved under the rules for departmental
promotion, appointment on deputation may be made only if the department certifies that no eligible person is available for promotion or the eligible person is found unfit for promotion by the appropriate DPC/Selection Board. In such cases, deputation may
be approved till such time a suitable person becomes available for promotion.
(ii). In case of posts reserved for initial recruitment, appointment on deputation may
be made only as temporary arrangements, pending joining of the nominee of the
FPSC, and subject to the condition that such appointment shall be made only after a
requisition has been placed with the FPSC.
(iii). In cases where a post is tenable through appointme nt by deputation, the normal
period of deputation should be three years and no extension beyond three years may
be allowed without prior approval of the Establishment Division.
(iv). No officer should be sent on deputation unless he has completed three years'
service in his parent department after return from an earlier deputation
8. According to settled principles a deputationsit does not have any vested right to
remain on the post as deputationist forever or for the stipulated period. A deputationist c an
be ordered to be repatriated to his parent department at any time without assigning any reason. This issue was settled in the case of S. Masood Abbas Rizvi v. Federation of Pakistan, through Secretary Establishment and others, 2014 SCMR 799, relevant pa ras
whereof read as under:
"We are of the considered view that petitioner being deputationist has no vested right to remain on a post as deputationist or otherwise and can be ordered to be repatriated and or relieved at any time. Moreover, in terms of section 2(b)(i) of Civil Servants
Act, 1973 such person even looses his status as "Civil Servant" during the period he is
on deputation. The parent Department of the petitioner is not obliged in law, to assign reasons for his repatriation. The learned High C ourt while dismissing the petition of
the petitioner has rightly held that the parent Debarment of the petitioner was competent to issue the Notification dated 22nd July, 2013, for which the Department
was not required to assign reasons as the petitioner w as holding regular/substantive
post with the Department of Auditor -General of Pakistan."
9. Similarly in case of Dr. Shafi -ur-Rehman Afridi v. CDA Islamabad, through
Chairman and others, 2010 SCMR 378, it was held that:
"It is worth mentioning that a deputationist could not be treated as an aggrieved person provided he had been placed in the same grade and status in borrowing cadre which he was enjoying before his status of deputationist. It may not be out of place to
mention here that a deputationist has no vested right to remain on a post as deputationist forever or for a stipulated period as mentioned in the notification and can be repatr iated at any time. In this regard reference can be made the case titled
Muhammad Rafique v. Secretary, Wafaqi Mohtasib's Secretariat, Islamabad and 2 others 1998 SCMR 2631.
In view of all the above, the petitioner is held not entitled for the relief claim ed for.
For the above reasons, the Constitutional Petition is dismissed in limine.
SA/5/Bal. Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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