DEVIDHBHAI DAHYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioners for the relief that the respondents be directed to consider the case of the petitioners for promotion to the post of Head Constable Grade I, from the date their immediate juniors were promoted or in the alternative from the date when promotion became due to the petitioners, with all consequential benefits. The petitioners have also prayed for the direction to the effect that the petitioners shall be paid special pay/ special allowance which is being granted to other identically situated MT (Motor Transport) Drivers. The petitioners have also prayed for the direction that the petitioners be granted arrears of the same from its due date. The petition was filed on 28.4.1998. This court had issued rule on 26.11.1998 making it returnable on 24.12.1998. The perusal of the order passed by this Court on 26.11.1998 reveals that the learned counsel for the petitioners submitted to the Honourable Court that he relies upon the decision of this Court rendered in Special Civil Application No.4626 of 1988 dated 6.3.1997, and that the point involved in this case is exactly identical to the one which has been decided in the aforesaid case.

(2.) The facts giving rise to the present petition are as under. The petitioners had joined the Police Department as Police Constables/ MT Drivers in the year 1975. It is the case of the petitioners that on the date of filing of the petition they had put in service for a period of more than 22 years. The petitioners were paid an amount of Rs.20.00 per month as special pay, which then came to be revised to an amount of Rs.50.00 and thereafter the said amount came to be raised to Rs.100.00 with effect from 1986. It is also the case of the petitioners that in the past, the said amount was added to their pay and their basic pay was increased by that amount which would in turn increase the amount of salary of the petitioners. It is the case of the petitioners that the respondent authorities had made the provision as aforeaid, looking to the nature of work and the other identically situated persons for the work being carried out by them.

(3.) The grievance of the petitioners is that in the year 1989 certain persons were promoted who were juniors to the petitioners and the same persons were again given promotion which can be seen from the table annexed to the petition as Annexure 'B'. The perusal of Annexure 'A' reveals that the persons were promoted as Head Constable Grade II and the others came to be promoted as Head Constable Grade 'I' somewhere in the year 1995- 96. The petitioners also came to be promoted to the post of Head Constable Grade 'II' somewhere in the year 1991 (on or about 9.3.1991), though the petitioners were due for the said promotion in the year 1989- 90. The grievance of the petitioners aggravated when after the promotion of the petitioners to the post of Head Constable Grade 'II', the special allowance payable to the Drivers was stopped, though certain other identically situated drivers were continued to be paid the said allowance till date (as averred in para 6 of the petition). It is also the case of the petitioners that after promotion of the petitioners certain other juniors of the petitioners were also promoted as Head Constable Grade 'II' and they are also continued to be given the special pay and the same is continued till date and therefore, the petitioners are subjected to a discriminatory treatment which is required to be redressed by this Court. The petitioners therefore, approached this Court by the present petition and the petitioners had prayed for three- fold relief as set out hereinabove.