R F BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petitions are filed by the petitioners who are serving in the Police Force of the State of Gujarat. The petitioners are serving as Police Constables, Head Constables Grade II, ASI, PSI and PI in the State Reserve Police Force. The present petitions are filed as by an order dated 9th July 1998, a copy of which is at Annexure 'B' to this petition, the respondent authorities stopped payment of special pay, which was paid at the rate of 45% of the basic pay and which was paid on the basis of the revised pay which took place under the Gujarat Civil Services (Revision of Pay) Rules, 1998. The respondent authorities decided to pay special pay on the basis of the old pay scale of the petitioners and also decided to recover the amount paid by way of special pay on the basis of the new scale with immediate effect. The petitioners are also aggrieved of an order bearing No.HSB- JPK- Special Pay- 10472- 98 dated 15th July 1998, a copy of which is produced at Annexure 'C' to the petition, whereby instructions are given for recovery of the amount paid as a special pay on the basis of the new pay scale.

(2.) The petitioners have prayed for a writ of mandamus, or any other appropriate writ, order or direction quashing and setting aside the orders at Annexures 'B' and 'C' and they also prayed for a direction to the effect that the petitioners be paid special pay at the rate of 45% of the new pay scale, which has come into force with effect from 1.1.1996. The petitioners have also prayed for the direction that the respondents be directed to make payment of the amount of 25% of difference of pay for the period between 1.1.1996 and 31.12.1997. Notice was issued on 6.10.1999. Thereafter, the matter was adjourned from time to time. The learned Additional Govt. Pleader, Mr.S.P. Hasurkar appearing for the respondents sought time to file a reply which was filed by one Shri Mohabbat Sinh Ranchhodji Rajput, Commandant, State Reserve Police Group 12, Gandhinagar, sworn on 21.1.2000, to which a rejoinder came to be filed on 10.3.2000 sworn on 9.3.2000. On 13.3.2000, rule was issued making it returnable on 23.3.2000.

(3.) After some discussion of the matter, the learned advocate for the petitioners sought permission to join the Govt. of Gujarat, Finance Department as a party respondent. Said permission was granted and the learned Additional Govt. Pleader, Mr.Hasurkar waived service of 'rule' on behalf of the newly added respondent.