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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 ..... the Central Government Under Section 75 of the Act and notified on 13.02.2008. The Rules were, in fact, enforced with effect from 11.09.2009. 4. The NDRF was initially constituted by drawing Battalions from the Central Police Forces, Border Security Force (BSF), Central Railway Police Force (CRPF), Indo Tibetan Border Police (ITBP) and Central Industrial Security Force (CISF). The entire Battalions were sent to the Director General, NDRF. Prior 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 N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e National Disaster Response Force under these Rules. (2) The Central Government may, in consultation with the National Authority, depute, as and when required, such number of personnel from the Central Para Military Forces to the National Disaster Response Force for the purposes of disaster management, having skills, capabilities and qualifications and experience of handling disaster and their management and such other technical qualifications as prescribed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half of the Appellant is that the O.M. granting deputation allowance makes it clear that the said allowance is to be paid from 14.01.2013 in which the Court could not have directed payment of the said allowance from the date of the constitution of the force on 19.01.2006. In the alternative, it is submitted that the personnel of the various Central Para Military Forces who were sent to the NDRF could not be said to be on deputation at least till 13.01.2010 when the 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 wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is exercised by a superior authority in exercise of its supervisory power. It may amount to an effective control, which may either be de facto or remote.... 15. A reading of the aforesaid judgment makes it clear that deputation envisages the assignment of an employee of one department/cadre/organisation to another department/cadre/organisation in the public interest. It is also clear that normally deputation also involves the consent of the employee. In Prasar Bharti case (supra) this 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 emp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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