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TMI Blog2015 (8) TMI 1581X X X X Extracts X X X X X X X X Extracts X X X X ..... nt appears to be that the Force was at the stage of conversion into an autonomous body or a PSU and consequently, the Petitioner was ineligible for deputation allowance. However, there are no force in this contention. The terms PSU and autonomous body have definite connotation, and cannot be so construed to include a statutory body created under an Act of Parliament of 2005 and by way of a special force. Furthermore, the respondents also do not state anywhere that the Petitioner fulfilled the second condition, i.e deputation to the same cadre. All along the respondents plea had been that the petitioner was a deemed deputationist under Rule 3(1) and consequently disentitled to deputation allowance. The petitioner is entitled to the reliefs c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der. By a letter dated 15th February, 2012, the Force rejected the petitioner s request for deputation allowance, citing the rescission of an earlier order (dated 3-12-2009). That earlier order of 3-9-2008 stated that deputation allowance would be admissible to such employees, sent on deputation. 3. It is contended by Mr. Bijender Singh, learned counsel that the impugned rejection letter is untenable because it is premised on the ground that those deputed to the Force after its formation and after the Rules were framed under its parent Act- were deemed deputationists . Counsel relied on Rule 3 of the Disaster Management (National Disaster Response Force) Rules, 2008 (hereafter the Rules ) framed under the Disaster Management Act, 2005. He a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled to Deputation (Duty) Allowance as prescribed vide Govt. of India, Department of Personnel and Training, OM No. 2/22(B)/2008- Estt(Pay-II), dated 3rd September, 2008. 13. The Commandants of NDRF battalions to take further necessary action as above. 5. It is submitted that the entire stand of the respondents that the Petitioner was a deemed deputationist is erroneous and misconceived. The characterization of those sent by an order dated 19th January, 2006 shall be deemed to have been deputed on deemed deputation is without substance. The Petitioner submits that the clarification issued on 16-05-2011 in this regard is erroneous. Contending that the plea of distinction between those on deputation and those on deemed deputation, being sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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. Analysis and Conclusions 8. Rule 3 (1) of the Rules of 2008 reads as follows: Constitution of Force: (1) The personnel deputed from the Central Para Military Forces by the Central Government in the Ministry of Home Affairs vide Order number 1/15/20002- DM/NDM-III(A), dated the 19th January, 2006 shall be deemed to have been deputed in the National Disaster Response Force under these Rules 9. As is evident, the above provision deals with personnel deputed from Central Para Military Forces by an order dated 19th Janu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nent cadre within the Force. Rather, the Force is a permanent establishment, manned by those sent to it for a finite time on deputation. Those deputed are chosen for their abilities and expertise in specific areas relevant to the Force s field of activity, i.e Disaster Management. In the circumstances, the plea that the class of employees to which the petitioner belongs, i.e deputed after constitution of the Force, are disentitled to deputation allowance, is both specious and arbitrary. Entitlement to the allowance also is not a matter for the Force to grant or deny, considering that it is only a borrowing organization; the terms of the deputationist s permanent employment are relevant. 12. In this context, the reliance by the respondents, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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