Deputation allowance for NDRF personnel under the 2008 Rules applies to later deputations, not deemed deputationists.

Personnel deputed to the National Disaster Response Force after the 2008 Rules came into force fall under Rule 3(2), not the deemed deputation framework in Rule 3(1). The Force functioned as a borrowing organisation, so the deputationist's parent-service terms remained relevant. An executive instruction could not be used to deny deputation allowance where it was inapplicable on the facts. On that basis, deputed personnel in the later category were entitled to deputation allowance and related monetary benefits for the deputation period stated in the text.

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Issues: Whether the petitioner, who was deputed to the National Disaster Response Force after the Disaster Management (National Disaster Response Force) Rules, 2008 came into force, was entitled to deputation allowance for the period of his deputation.

Analysis: Rule 3(1) applied to personnel who had been deputed from the Central Para Military Forces by the earlier order dated 19 January 2006 and who were deemed to have been deputed under the 2008 Rules. Rule 3(2), on the other hand, governed personnel deputed later, after the Rules came into force, for disaster management purposes. The petitioner fell within the latter category. The Force was only a borrowing organisation and the terms governing the deputationist's parent service remained relevant. The attempt to deny deputation allowance by treating later entrants as deemed deputationists, or by relying on the Office Memorandum dated 17 June 2010, was held to be inapplicable on the facts.

Conclusion: The petitioner was entitled to deputation allowance and connected monetary benefits for the period 24 July 2008 to 20 March 2012.

Ratio Decidendi: Personnel deputed to the Force after the 2008 Rules came into force are governed by Rule 3(2), and cannot be denied deputation allowance merely by labelling them as deemed deputationists under Rule 3(1) or by invoking an inapplicable executive instruction.

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