SIS PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue that arises for our consideration in this writ petition is whether the cooks working in Delhi Police are entitled to claim and receive ration money allowance as is given to other cooks working in Central Reserve Police Force, Border Security Force and such other para-military forces.

(2.) The petitioners are working as cooks in Delhi Police. They are, therefore, Class-I V employees in Delhi Police and are governed by the CCS(CCA) Rules, 1965. Prior to 7.6.1989, the cooks in Delhi Police were not subject to doing any physical training and parade and were also not required to do the foot drills. From 7.6.89 by an order passed, the said Cooks were made to undergo training to improve discipline in Class-IV employees(Cooks). They are also given training in foot drill, yoga etc. It is the contention of the petitioners that the service conditions of the cooks in Delhi Police are similar to all other Cooks in various other para-military forces which also are within the Central Police organisations like the BSF, CRPF, RPF etc. It is contended that the Cooks in the aforesaid para-military forces get ration money allowance and, therefore, the petitioners could and should not have been deprived from getting the said allowance. It was also pleaded that earlier the said ration money allowance was not available to Constables, Head Constables and Sub Inspectors of Delhi Police but subsequently the same was made available to Constables, H.Cs and S.Is by a specific order and, therefore, it was submitted that there is no reasonable ground to deny the same benefit to the cooks. In fact reliance was sought to be placed by the said cooks on a letter written by the Commissioner of Police to the Chief Secretary, Govt. of NCT of Delhi to make available ration money allowance to Class-IV employees also @ Rs. 570/- per month on the pattern of Central Police organisations so as to remove disparity and avoid resentment amongst them.

(3.) Apparently the said recommendation was not accepted and, therefore, the cooks of Delhi Police filed an Original Application before the Central Administrative Tribunal seeking removal of such disparity and for payment of the ration money allowance to the cooks of the Delhi Police also. The learned Tribunal after considering the facts and circumstances of the case, dismissed the application holding that the case of the cooks in Delhi Police cannot be equated with the cooks of other para-military forces belonging to the Central Police organisations as their service conditions including the working conditions are distinctly separate and have no parity. Being aggrieved by the said order, the present petition was filed in this Court on which we have heard the learned Counsel appearing for the parties.