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Showing contexts for: Deputation allowance in Union Of India vs R Thiyagarajan on 3 April, 2020Matching Fragments
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 renamed and renumbered 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 that his case for grant of deputation allowance had been taken up with the Ministry of Home Affairs. On 31.07.2011, the respondent filed a writ petition in the High Court of Madras in which the prayer was that the respondent in the writ petition i.e. Union of India, Director General, NDRF and Director General, CISF be directed to pass orders on his representation dated 20.07.2020.
6. The appellant and other respondents in the writ petition contested the writ petition and claimed that the writ petitioner is not entitled to grant of any deputation allowance. In the meantime, on 14.01.2013 the Ministry of Home Affairs sent a letter that the competent authority had agreed that deputation allowance be paid to the personnel of the Central Para Military Forces deputed with the NDRF @ 5% if they are deputed in the same station and @ 10% if deputed outside the station subject to certain conditions. On the basis of this letter, the Director General, NDRF issued an order on 18.02.2013 on the above lines. However, the deputation allowance was made payable with effect from 14.01.2013. This was also clarified by the Government of India in its letter dated 25.03.2014.
9. Coming to the instant case, the respondent filed writ petition in the Madras High Court. The learned Single Judge of the Madras High Court allowed the writ petition filed by the respondent herein relying upon the judgment of the Delhi High Court in the matter of Brij Bhushan (supra) referred to above. The learned Single Judge not only granted deputation allowance but also granted special allowance to the respondent.
10. Aggrieved by the aforesaid judgment, an appeal was filed before the Division Bench of the High Court by the Union of India. The Division Bench partly allowed the appeal of the Union of India and held that the respondent was only entitled to deputation allowance and not to any special allowance. However, the Division Bench further went on to hold that not only the respondent but all other personnel of the NDRF drawn from other forces from 19.01.2006 up to 13.01.2013 would be entitled to be paid deputation allowance and the Central Government was directed to ensure that this amount was paid within a maximum period of six months. This judgment is under challenge before us.
19. In view of the above discussion, we partly allow the appeal and direct that the respondent shall be paid deputation allowance with effect from 11.09.2009 till 07.10.2011 when he was relieved from service. As far as the intervenors are concerned, the Delhi High Court can now dispose of their writ petition in view of the law which we have laid down above. Pending application(s) if any, shall accordingly stand disposed of.
…………………………………J. (Deepak Gupta) …………………………………J. (Aniruddha Bose) New Delhi April 3, 2020