Coming to the instant case, the respondent filed writ petition in the Madras High Court.
This was also clarified by the Government of India in its letter dated 25.03.2014.
Vide companymunication 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 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.
It is pertinent to mention that at the time of admission the judgment and order dated 22.01.2007 passed by the High Court of Madras was stayed.
In the meantime, on 14.01.2013 the Ministry of Home Affairs sent a letter that the companypetent 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 companyditions.
This judgment is under challenge before us.
However, the deputation allowance was made payable with effect from 14.01.2013.
In the meantime, the Delhi High Court vide judgment dated 11.08.2015 in Writ Petition C No.2532 of 2012, Brij Bhushan v. Union of India, which was a case of another employee of CISF deputed with the NDRF with effect from 24.07.2008, held that the petitioner therein would be entitled to deputation allowance for the period he remained in service with the NDRF.
The appellant and other respondents in the writ petition companytested the writ petition and claimed that the writ petitioner is number entitled to grant of any deputation allowance.
On the basis of this letter, the Director General, NDRF issued an order on 18.02.2013 on the above lines.
Provided that in the case of numberavailability of personnel with the required technical qualification and experience, the Central Government may appoint such personnel through deputation from other organizations.
Special Leave Petition against the said judgment was dismissed in limine without expressing any opinion on the merits of the case.
The judgment of the Delhi High Court was based on interpretation of the subrule 3 1 and 3 2 of the Rules which read as follows Constitution of Force The personnel deputed from the Central Para Military Forces by the Central Government in the Ministry of Home Affairs vide Order number 1/15/20002DM NDM III A , dated the 19th January, 2006 shall be deemed to have been deputed in the National Disaster Response Force under these Rules.
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.
However, the Division Bench further went on to hold that number 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.
The appellant enacted the Disaster Management Act, 2005 for short the Act and the same was numberified on 26.12.2005.
Aggrieved by the aforesaid judgment, an appeal was filed before the Division Bench of the High Court by the Union of India.
Relying on the aforesaid O.M., the Delhi High Court held that all persons who joined the NDRF would be treated to be on deputation from the date they joined the NDRF.
They also drew their pay and allowances from 11.09.2009 from the NDRF.
The entire Battalions were sent to the Director General, NDRF.
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.
Prior to the enforcement of the Rules i.e. on 11.09.2009, the personnel belonging to the various Central Para Military Forces companytinued to remain under the companytrol and companymand of their respective police forces.
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 companytrol has from that date vested with the NDRF.
The learned Single Judge number only granted deputation allowance but also granted special allowance to the respondent.
He was recruited as a companystable in the year 1999.
Deepak Gupta, J. Leave granted.
The respondent is employed with the Central Industrial Security Force CISF .
They also companytinued to receive their pay and allowances from their parent organisation.
