9911796707
TMI Blog2015 (8) TMI 1581X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner was, at the relevant time, employed in the Central Industrial Security Force ("CISF"). He was sent on deputation to the Force, where he reported on 24-07-2008. He continued with the deputation and after the expiry of his tenure, was repatriated to his parent employer, CISF. Since the respondents did not settle his claim for deputation allowance, he approached this court on an earlier occasion, under Article 226 of the Constitution of India. That petition was disposed off on 21-11-2011 directing the respondents to treat the averments and pleadings as a representation and issue an appropriate order. By a letter dated 15th February, 2012, the Force rejected the petitioner's request for deputation allowance, citing the rescission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letter dated 3rd December 2009 relied upon by the Petitioner states as follows: "1. Personnel deputed in NDRF battalions from the Central Para Military Forces are employees of the Central Government on appointment by transfer on a temporary basis, outside their normal field of deployment (which was under a Central Para Military Force) and are appointed in public interest. 2. The only method of appointment envisaged under the Disaster Management (NDRF) Rules, 2008, for these personnel is by deputation [Rule 3 (1) (2)] 12. Keeping the above in view, it is established that all the personnel of NDRF battalions are entitled to Deputation (Duty) Allowance as prescribed vide Govt. of India, Department of Personnel and Training, OM No. 2/22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation basis in terms of the order of 3rd September, 2008 was later rescinded on the direction of Ministry of Home Affairs since deputation allowance under the notification was admissible to only those on deputation while, in the present case the petitioner was posted with 3rd Battalion NDRF on deemed deputation basis. 7. The respondents also rely on OM No. No. 6/8/2009-Esti. (Pay II) dated 17th June, 2010, particularly the following term (Para 2.2 ): (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of non-availability of personnel with the required technical qualification and experience, the Central Government may appoint such personnel through deputation from other organizations..." 10. It is thus evident that those initially brought into the Force were termed as "deemed deputationists" and described as such under Rule 3 (1). Those brought in later, after initial constitution of the Force, by virtue of the notification of 2006 and after rules were framed, personnel from other services, having special skills and expertise in various relevant areas and disciplines, on deputation basis. 11. The Rules do not envision a permanent employment force or permanent cadre within the Force. Rather, the Force is a permanent establishment, man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 13. In the light of the foregoing discussion, we hold that the petitioner is entitled to the reliefs claimed, i.e. deputation allowance for the period 24- 07-2008 and 20-03-2012. A direction is issued to the respondents to ensure that the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
