Summary
The Supreme Court partly allowed the Union’s appeal and confined the respondent’s NDRF deputation allowance to 11 September 2009–7 October 2011. Earlier deployment of his CISF battalion did not establish deputation for allowance while administrative and disciplinary control and pay remained with CISF. The High Court also erred in extending relief nationwide to non-parties in the Union’s appeal from an individual claim seeking consideration of a representation.
Issues
- When deployment with NDRF became deputation attracting allowance.
- Whether the High Court could expand an individual claim into nationwide relief in the Union’s appeal.
Provisions considered
- Rule 3(1) and 3(2), Disaster Management (National Disaster Response Force) Rules, 2008The description of personnel as deputed did not dispense with examining actual transfer of control for the allowance claim. (¶¶ 7, 15, 16)
Held
- Deputation entails assignment from one department, cadre or organisation to another in the public interest, ordinarily with employee consent. Effective control by the borrowing organisation is relevant to deciding whether such deputation has occurred. (¶¶ 14, 15)
- Until 10 September 2009, the respondent remained under CISF administrative and disciplinary control and drew its pay, despite serving with a battalion deployed for NDRF. From 11 September 2009, command and control and payment shifted to NDRF; deputation allowance was payable from that date until repatriation on 7 October 2011. (¶¶ 4, 16, 19)
- The claim before the Single Judge sought consideration of an individual representation, and only the Union appealed. Expanding relief to all personnel put the Union in a worse position through its own appeal. In this matter, extending relief with nationwide repercussions to employees outside the High Court’s territorial jurisdiction was impermissible; the High Court lacked Article 142 powers. (¶¶ 17, 18)
Result
Appeal partly allowed; respondent awarded deputation allowance for 11 September 2009 to 7 October 2011. Intervenors’ pending Delhi High Court petitions could be decided under the law stated; pending applications disposed of.