Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Claim for deputation allowance Service Law Deputation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Deputation – Claim for deputation allowance – The respondent was employed with Central Industrial Security Force (CISF) in the year 1999 – The appellant-Union of India constituted a National Disaster Response Force (NDRF) under the Disaster Management Act, 2005 – The Disaster Management (National Disaster Response Force) Rules, 2008 were enforced with effect from 11.09.2009 – After, the enforcement of Rules, the various Central Para Military Forces including CISF were sent to the NDRF and re-named as NDRF Battalions and their control vested with the NDRF from 11.09.2009 and the Battalions drew their pay and allowances from 11.09.2009 from the NDRF – The tenure of the respondent sent to the NDRF on 18.4.2008 came to an end on 07.10.2011, when he was relieved from his duties in NDRF and repatriated to the CISF – Respondent sought grant of deputation allowance and filed writ petition before the High Court – The Single Judge of the High Court not only granted deputation allowance but also granted special allowance – The Division Bench of the High Court held that respondent was only entitled to deputation allowance and not any special allowance and went on to hold that not only respondent but all other personnel of the NDRF drawn from other forces from 19.01.2006 upto 13.01.2013 were entitled for deputation allowance – On appeal, held: In the instant case, the respondent continued to be under the control of his parent organization i.e. CISF till 11.09.2009 and was also getting his pay and allowance from the said authority – Therefore, though he may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF – The term deputation is 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/organization and the control over the employee now vests with the transferee department/cadre/organization – However, on 11.09.2009, the date when the Ministry of Home Affairs conferred the command and control of the Battalions drawn from various Central Para Military Forces with the Director General, NDRF and from the said date these personnel drew their pay from the NDRF they would be deemed to be on deputation with the NDRF – Therefore, respondent directed to be paid deputation allowance with effect from 11.09.2009 till 07.10.2011 when he was relieved from the Service – Besides, the High Court exceeded its jurisdiction in the present matter – The Supreme Court exercises jurisdiction over the entire Country whereas the jurisdiction of the High Court is limited to the territorial jurisdiction of the State of which it is the High Court – The High Court may be justified in passing an order when it only affects the employees of its State, but it could not have passed such an order in the case of employees where pan India repercussions were involved. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2020 INSC 328 |
Petitioner | Union Of India & Ors. |
Respondent | R. Thiyagarajan |
SCR | [2020] 4 S.C.R. 146 |
Judgement Date | 2020-04-03 |
Case Number | 2229 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |