The personnels of various Central Paramilitary forces deputed to NDRF to be paid allowance from the date the rules of NDRF came in effect

Saloni | Kirit P. Mehta School of Law, NMIMS, Mumbai | 5^th April 2020

UNION OF INDIA & ORS. V. R. THIYAGARAJAN (CIVIL APPEAL NO.2229 OF 2020; SUPREME COURT)

FACTS:

The National Disaster Response Force (NDRF) was constituted under Section 44 of the Disaster Management Act, 2005. The NDRF was initially construed by drawing the battalions from various Central Para Military Forces but remained under the control of their respective police forces and also continued to receive payment from their parent organization till the enforcement of rules on 11.09.2009. The respondent was a constable under CISF was also sent to NDRF on 18.04.2008 and got relieved from his services on 07.10.2011. 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. The same was contended before the Madras High Court.

JUDGEMENT:

The Learned Single Judge of the Madras High Court granted both the allowances to the respondent relying on the judgement by the Delhi High Court in the case of Brij Bhushan wherein the respondents were provided with the allowances treating them to be on deputation from the day they joined the NDRF.

The appeal was filed by the Union of India in the Division Bench of the High Court which held that the respondent was only entitled to deputation allowances and not the special allowances. It also directed that all the personnel who were drawn from the other forces will also be entitled to the deputation allowances from 19.01.2006 up to 13.01.2013. 

It was urged before the Supreme Court that the personnel of various Central Para Military Forces who were sent to NDRF could not be said to be on deputation at least till 13.01.2010 when the NDRF constituted its own battalion.

The Supreme Court relied on Prasar Bharti v. Amarjeet Singh wherein it has been laid that deputation envisages the assignment of an employee of one department to another department in public interest. The control with regard to the employee also determines whether the employee is deputed or not.

The Court observed that the respondent continued to be under the control of his parent organization i.e. CISF and also received the payment from the said authority till 11.09.2009. Therefore, though he as a member of the battalion may be serving the NDRF, it cannot be said that he was deputation to the NDRF. However, all the personnel will be entitled to the allowances from the NDRF from 11.09.2009 when the rules deemed to come in force. 

In view of all the discussions held, the Supreme Court directed the respondent to be paid with the deputation allowance with effect from 11.09.2009 till 07.10.2011 when he was relieved from his services.  

It was also laid down that the High Court exceeded its jurisdiction in passing of the order for granting allowances to all the other personnel too. Supreme Court said that the High Court does not have a benefit of exercising its powers under Article 142 of the Indian Constitution and can only do so for the personnel of its state due to its jurisdiction.