ISLAMABAD: The Ministry of Finance has held that civil servants posted outside their own cadre under Section 10 of Civil Servant Act, 1973 will be considered on Deputation and shall be eligible for grant of compensatory allowance.

The Finance Ministry referred to its Office Memorandum (OM) of November 29, 2023 on “ guidelines for compensatory allowance under the deputation policy“ and stated that Finance Division is in receipt of queries from different Ministries/Divi-sions/Departments seeking clarification on the admissibility of Compensatory Allowance for the officers who are posted outside their respective cadres under section 10 of Civil Servants Act. 1973.

In this regard, the Finance Division has pointed out that the term “deputation” as defined by the Supreme Court of Pakistan vide PLD 1981 SC 531 means that a government servant begins to be regarded as a “deputationist” when he is appointed or transferred, through the process of selection, to a post in a department or service altogether different from the one to which he permanently belongs.

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This has been clarified by Establishment Division vide its OM of December 10, 2007. Section 10 of Civil Servant Act, 1973 states that this is a general power that can be exercised by the competent authority in exigency of service or in public interest. In case Section 10 powers are exercised for an appointment outside the cadre, it is to be considered as an appointment on Deputation basis.

The Finance Division has clarified that Civil Servants posted outside their own cadre under Section 10 of Civil Servant Act, 1973 will be considered on Deputation and shall be eligible for grant of Compensatory Allowance subject to fulfillment of conditions prescribed in the Finance Division’s OM of November 29, 2203.

The OM of November 29, 2023 says that it has been decided that following procedure and eligibility criteria be prescribed for grant of compensatory allowance to those officers who are posted on deputation basis with immediate effect: (i) the lending and borrowing organisations shall finalise terms and conditions in accordance with clause 12 of deputation policy and same shall be submitted to Establishment and Finance Divisions along with following documents - notification/office order of appointment on deputation basis, charge assumption/notification on deputation basis, recruitment rules of the post, equivalence of Special Pay Scales of that organisation with that of BPS duly approved by Finance and Establishment Divisions.

Justification for not filling the post through initial appointment or promotion or current or additional charge basis, duly attested by DDO/ AGPR, full pay package in rupees, of the post to be filled on deputation basis including monetized value of all perks, privileges and facilities, duly attested by DDO/AGPR, full pay package in rupees admissible to officer in his parent department including monetized value of all perks, privileges and facilities and a certificate by the head of the parent Ministry/Division/Department that the officer/official’s services have not been requisitioned by name or the officer/official has himself/herself not requested for posting on deputation basis.

Compensatory Allowance will be the difference of two pay packages which will be granted if the officer/official is eligible for appointment against that post as per the recruitment/service rules /regulations of the post to be filled on deputation basis.

Compensatory allowance will be paid by the borrowing agency. The deputationists will be granted compensatory allowance from the date of issue of these guidelines or from the date of deputation whichever is later and shall require a specific approval of the Finance Division.

According to the guidelines, an officer/ official posted on deputation basis under wedlock policy shall not be eligible for grant of compensatory allowance. An officer/ official will not be eligible for grant of compensatory allowance whose services have been requisitioned by the borrowing department by name or who himself has requested for posting on deputation basis.

Copyright Business Recorder, 2024

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