Govt Makes Employee Deputation Policy Public, Read the Document

SRINAGAR: For “effective utilization of manpower”, the Jammu and Kashmir government has made public the policy for inter-departmental deputation of employees, which will be based on their technical and professional qualifications. The guidelines were issued by GAD on basis of the Administrative Council Decision taken on January 1, 2023.

The policy will cover all employees in Jammu and Kashmir except all India services, JKAS, Jammu and Kashmir Police, Jammu and Kashmir Accounts Gazetted Service and Jammu and Kashmir Forest Gazetted Service. Under the policy, departments requiring the services of particular employees on basis of their expertise will have to follow a formal process, which has been detailed in the order.

The Policy

Here is the policy that will govern the inter-departmental deputations:

“This policy shall govern the deputation of employees possessing higher educational/technical qualifications outside their parent departments where their specific skill-sets/qualifications can be put to better use, consistent with the requirements of the borrowing departments.

Objective

Developmental Departments like the Public Works (R&B) Department, Agriculture Production Department, Department of Rural Development and Panchayati Raj, Housing and Urban Development Department, Information Technology Department etc., are facing a dearth of technically and professionally qualified employees. There is a large pool of skilled employees in the Government, whose services are currently being under-utilized. Skill mapping and optimum utilization of the mapped skills are among the fundamental tools for good governance. In order to ensure efficient utilization of human resources, and with a view to match demand and supply for improving efficiency in governance, a need has been felt to utilize the services of these qualified (technical/professional) employees effectively. This shall address the skill gaps in various technical/developmental departments and provide employees with an opportunity to put their specific skill sets to the best possible use.

Exceptions

The following services shall not be covered under this policy:

1. All India Services.
2. Jammu and Kashmir Administrative Service.
3. Jammu and Kashmir Police Service.
4. Jammu and Kashmir Accounts Gazetted Service.
5. Jammu and Kashmir Forest Gazetted Service.

Procedure for utilization of services in other departments

1. The initiation for the process of utilization of services of qualified (technical/professional) employee(s) shall be at the level of the department that intends to utilize the services of an employee with such qualifications as may be suitable for the better functioning of the department, or at the level of the employee (technically/professionally qualified) who is desirous of providing his/her services in such a department where his/her higher qualification/skill-sets may be better utilized.
2. An employee desirous of offering his/her technical/professional services to another department may visit a designated window, which shall be made available on the e-HRMS portal, through his/her CPIS ID and submit a form prescribed for the purpose, along with copies of the relevant certificates/degrees/diplomas. The employee shall also provide reasonable justification as to how his/her services shall be better utilized in the department where he/she intends to provide his/her services.
3. Alternately, the department that intends to utilize the services of a (technically/professionally qualified) employee may submit an application in the format prescribed for the purpose, along with the details of such employee(s) whose services they intend to utilize, to the Screening Committee headed by the Administrative Secretary, General Administration Department.
4. General Administration Department shall seek the comments of the parent department of the employee in all cases.
5. The above application(s)/cases shall be accompanied with the following documents:-

(i)      Requisition by the borrowing department as per the prescribed format (Annexure-B).

(ii)     Application form to be submitted by the candidate on the e-HRMS portal.

(iii)    Copy of the first two pages of the service book of the employee.

(iv)    Copy of the relevant recruitment rules/guidelines.

(v)     Comments of the Administrative Secretary of the employee where he/she is presently employed or where his services are to be utilized.

(vi)    Statement showing length of service rendered earlier by the employee.

(vii)   Status of employment (substantive/on probation/temporary)

(viii)  Latest vigilance clearance/work and conduct of employee.

(ix)    Affidavit from the employee to the effect that he/she shall not claim extension in the tenure of deputation beyond the sanctioned term, and that the employee shall not claim any preferential right in matters of promotion, perks, salary/emoluments etc. in the borrowing department.

Screening Committee

For the purpose of this policy, a Screening Committee comprising the following shall be constituted, which shall scrutinize all the applications for the utilization of services of qualified (technical/professional) employees received from the different departments:

1. Administrative Secretary, General Administration Department (Chairman).
2. Representative of Planning, Development and Monitoring Department (Not below the rank of Additional Secretary) (Member).
3. Representative of Finance Department (Not below the rank of Additional Secretary) (Member).
4. Representative of the Parent/Lending Department (Not below the rank of Additional Secretary) (Member).
5. Representative of the Department where the services of the employee is to be utilized (Not below the rank of Additional Secretary) (Member).

The above committee shall be serviced by General Administration Department.

The above Screening Committee shall examine each case and submit its recommendations to the General Administration Department, which shall place the same before the Competent Authority for consideration/approval.

Period for utilization of services

1. The services of an employee will be initially utilized on deputation for a period of one year from the date the incumbent employee is relieved from the parent department. The period of utilization of services may be extended, provided both the parent department and the borrowing department mutually agree upon the extension. The decision of the Screening Committee shall be final and binding in the matter relating to extension in the deputation. Such extension shall be for a maximum period of one year at a time, but the maximum term of deputation shall not, under any circumstances, exceed four years.
2. If the department expresses intent to retain an official beyond the prescribed tenure, it shall initiate a proposal for seeking concurrence of the parent department three months before the date of expiry of the tenure. In no case shall the borrowing department retain an official beyond the sanctioned term, unless prior approval of the Competent Authority to grant further extension has been obtained on the recommendation of the Screening Committee after concurrence of the Finance Department.

Incentives for opting for deputation

Employees who qualify for and provide their services on deputation shall be granted incentives in the form of age relaxation and additional weightage in recruitment against higher posts by the Government recruiting agencies. Proposals for consequential changes in the recruitment rules shall be forwarded by all Administrative Departments to the Standing Committee constituted vide Government Order No. 1223-3K(GAD) of 2021 dated 17/11/2021.

Borrowing departments shall also provide opportunities to such employees for further refinement of their existing skill sets in their areas of expertise/specialization in the form of capacity building through the organization of workshops, learning opportunities, training, etc.

Pay and conditions of service in the borrowing department

1. The employee whose services are utilized in another department shall retain his/her lien and promotion prospects in his/her parent department.
2. All matters governing the employee’s service shall be dealt with by the parent department(s) in terms of the rules as are presently applicable to him/her.
3. Disciplinary matters shall be dealt with by the parent department in consultation with the employee’s borrowing department, in case the disciplinary offence relates to his/her stint in the borrowing department.
4. The employee shall continue to draw salary from his/her parent department after obtaining the attendance from the department where his/her services are being utilized.
5. During the period of utilization of services, the employee shall continue to be governed by the same pay scale which would have been applicable to him/her had he/she continued to work in the parent department.
6. The employees who qualify for and are deputed under this policy shall not claim for any preferential treatment in the borrowing department in matters of salary, allowances, perks etc.
7. The employees who qualify for and are deputed under this policy shall not claim for absorption in the borrowing department.
8. A person in a higher scale of pay/level in pay matrix shall not be appointed on deputation to a post in lower scale of pay/level in the pay matrix.
9. The designation and post of the employee shall remain unchanged in the new department.
10. The deputation of any employee shall not affect the sanctioned strength of the posts within the borrowing department and the deputed employee shall work only as supplementary/additional human resource for the borrowing department.
11. The APRs/work and conduct of the employee shall be initiated, reviewed and accepted by the department where his services are being utilized and same shall be forwarded annually to the parent department of the employee(s).
12. All conditions of service, as provided in the Jammu and Kashmir Civil Service Regulations, 1956, Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 with such adaptations, modifications and additions as have been rendered necessary by amendments issued from time to time, and other rules as exist or shall come into existence in the future shall apply mutatis mutandis to the employees deputed under this policy.”