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Showing contexts for: Ndrf in Union Of India vs R Thiyagarajan on 3 April, 2020Matching Fragments
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 renamed 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 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.
13. The main argument raised on behalf 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 would be deemed to be deputed in the NDRF. Rule 3(2) also provided for deputation of such employees to the NDRF.
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 another department/cadre/organisation and the control over the employee now vests with the transferee department/cadre/organisation. 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.