SC: For deputation allowance, transfer of services & control must be shown

The Hon’ble Supreme Court, on 3rd April 2020, in the matter of Union Of India & Ors. v. R. Thiyagarajan pronounced that for payment of deputation allowance it must be shown that the services of the employee had been transferred to another department/cadre/organisation and the control over the employee now vests with the transferee department/cadre/organisation.

The Hon’ble Supreme Court observed that:

Deputation envisages the assignment of an employee of one department/cadre/organisation to another department/cadre/organisation in the public interest. (Para 15)

Normally deputation also involves the consent of the employee. (Para 15)

For payment of deputation allowance it must be shown that the services of the employee had been transferred to another department/cadre/organisation and the control over the employee now vests with the transferee department/cadre/organisation. (Para 16)

The High Court exercise its jurisdiction only over State(s) of which it is the High Court. It has no jurisdiction for the rest of the country. (Para 18)

It is true that sometimes the Supreme Court has ordered that all similarly situated employees may be granted similar relief but the High Court does not have the benefit of exercising the power under Article 142 of the Constitution. In any event, 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(s) of which it is the High Court. The High Court may be justified in passing such an order when it only affects the employees of the State falling within its jurisdiction but, it could not have passed such an order in the case of employees where pan India repercussions would be involved. (Para 18)

Copy of judgement: Judgement_03-Apr-2020

-Adv. Tushar Kaushik

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