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TMI Blog2020 (4) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... ity. Therefore, though he as a member of his Battalion may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF. His organisation had agreed to deploy some of its Battalions with the NDRF. However, the administrative and disciplinary control over such employees remained with the CISF. The emoluments were also paid by the CISF and, therefore, it cannot be said that the NDRF was the employer or master of the Respondent. In such circumstances, up to 10.09.2009 the Respondent could not be said to be on deputation even though as per the Rules he may have been described as a deputanionist - However, on 11.09.2009, the date when the Ministry of Home Affairs conferred the command and control of the Battalions drawn from the various Central Para Military Forces with the Director General, NDRF and from which date these personnel drew their pay from the NDRF they would be deemed to be on deputation with the NDRF. Jurisdiction of High Court to grant relief - HELD THAT:- The High Court exceeded its jurisdiction in matters like this. The High Court exercise its jurisdiction only over State(s) of which it is the High Court. It has no jurisdiction for the rest of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the enforcement of the Rules i.e. on 11.09.2009, the personnel belonging to the various Central Para Military Forces continued to remain under the control and command of their respective police forces. They also continued to receive their pay and allowances from their parent organisation. After the Rules were enforced on 11.09.2009, the Battalions of the Central Para Military Forces which were sent to the NDRF were re-named as NDRF Battalions and their control has from that date vested with the NDRF. They also drew their pay and allowances from 11.09.2009 from the NDRF. 5. On 13.01.2010, an office memorandum was issued by the Director General, NDRF which provided that the Battalions of the NDRF had been re-named and re-numbered in the NDRF to give the force a separate identity. The tenure of the Respondent who had been sent to the NDRF on 18.04.2008 came to an end on 07.10.2011 when he was relieved of his duties in NDRF and repatriated to the CISF. He submitted a representation to the Director General, NDRF requesting that he be granted 10% deputation allowance and 25% special allowance with effect from 18.04.2008. Vide communication dated 23.07.2011 the Respondent was informed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed by the Central Government in this behalf. Provided that in the case of non-availability of personnel with the required technical qualification and experience, the Central Government may appoint such personnel through deputation from other organizations. 8. The Delhi High Court held that the writ Petitioner was deemed to be on deputation in terms of Sub-rule(sic Rule)3(1) and 3(2) of the Rules and OM No. 6/8/2009-Esti. (Pay II) dated 17.06.2010, which reads as follows: (e) Appointments of the nature of deemed deputation or transfers to ex-cadre posts made in exigencies of service with the specific condition that no deputation (duty) allowance will be admissible - e.g. (i) interim arrangements in the event of conversion of a Government office/organisation or a portion thereof into a PSU/autonomous body or vice-versa, and (ii) appointments to the same post in another cadre. Relying on the aforesaid O.M., the Delhi High Court held that all persons who joined the NDRF would be treated to be on deputation from the date they joined the NDRF. Special Leave Petition against the said judgment was dismissed in limine without expressing any opinion on the merits of the case. 9. Coming to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NDRF constituted its own Battalions. It is urged by Ms. Madhavi Divan that it was not one personnel who was deputed from the Central Para Military Forces to the NDRF but entire Battalions. These Battalions remained under the administrative and disciplinary control of the Central Para Military Forces to which they belonged and the basic requirement of deputation that the master should change did not happen. On the other hand, the Respondent placed reliance on the reasoning given by the Delhi High Court in Brij Bhushan case (supra) and the various communications and it is submitted that right from the constitution of the NDRF in terms of Rule 3(1) of the Rules all personnel deputed from the Central Para Military Forces would be deemed to be deputed in the NDRF. Rule 3(2) also provided for deputation of such employees to the NDRF. 14. What is deputation has been very succinctly explained in the judgment of this Court in the case of Umapati Choudhary v. State of Bihar (1999) 4 SCC 659 wherein this Court held as follows: 8. Deputation can be aptly described as an assignment of an employee (commonly referred to as the deputationist) of one department or cadre or even an organisation (com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court also held that on transfer of the services in the case of deputation, the control with regard to the employee would also determine whether such employee was on deputation or not. 16. As far as the present case is concerned, as we have noticed above, till 11.09.2009 the Respondent continued to be under the control of his parent organisation i.e. CISF and was also getting his pay and allowances from the said authority. Therefore, though he as a member of his Battalion may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF. His organisation had agreed to deploy some of its Battalions with the NDRF. However, the administrative and disciplinary control over such employees remained with the CISF. The emoluments were also paid by the CISF and, therefore, it cannot be said that the NDRF was the employer or master of the Respondent. In such circumstances, up to 10.09.2009 the Respondent could not be said to be on deputation even though as per the Rules he may have been described as a deputanionist. This term has been very loosely used but for payment of deputation allowance it must be shown that the services of the employee had been transferred to anot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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