GUJARAT STATE POLICE CONSTABLES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition is filed by the Gujarat State Police Constables, Head Constables Karmachari Mandal, SRP Group -II, Ahmedabad through its President wherein the petitioner -union has prayed for issuance of the suitable writ directing the respondents to pay travelling allowance and daily allowance to all the police constables of SRP Group -II having headquarers at Saijpur Bogha as per the rules. It is also prayed that Rule 446 of the Bombay Civil Service Rules may be declared ultra vires as it is in violation of Article 14 and 16 of the Constitution of India. The case of the petitioner -union is that the petitioner is a registered union of Constables of SRP Group -II. As per the averments made in the petition, the State Government has stopped paying the travelling allowance and daily allowance to the members of the petitioner -union from 23.2.1986 by resorting to Rule 446 of the Bombay Civil Service Rules. The case of the petitioner -union is that the headquarter of the petitioner -union was at Gondal and thereafter it was shifted to Saijpur Bhogha, Ahmedabad. After such shifting of headquarter, the constables, who are 1062 in number, were getting the travelling and daily allowances initially but when the said area was included within the limits of Ahmedabad Municipal Corporation from 23.2.1986 the members of the petitioner -union are not getting such benefits in view of the provisions of Rule 446 of the Bombay Civil Service Rules. The said Rule 446 is incorporated in the petition, which reads as under: -

(2.) THE petitioner -union has challenged the said Rule on the ground that the same is violative of Article 14 and 16 of the Constitution of India and arbitrary as ultimately the distance between the office of the Police Commissioner and the headquarters of the members of the petitioner -union is 12 kilometers and, therefore, whether the members of the petitioner -union are required to travel within the municipal area or not is irrelevant. It is further contented that, ultimately, what is required to be considered is the distance which is required to be covered by the members of the petitioner -union.

(3.) THE petition is opposed by the respondents by filing affidavit -in -reply of one M.B.Jadeja, Armed Dy.S.P., State Reserve Police Force, Group -II. As per the averments contained in paragraph 7 of the reply, the Urban Development and Urban Housing Department of the Government of Government vide its Notification dated 5.2.1986 has included Saijpur Bhogha area in the city limits of Ahmedabad Municipal Corporation since 23rd February 1986. Before the said date, Saijpur Bhogha headquarter was in Saijpur Bhogha Nagarpalika and Police Officers deputed for bandobust duty in Ahmedabad were required to travel for more than 8 kilometers and, therefore, they were paid daily allowance and travelling allowance. However, since the area is now included in the Ahmedabad Municipal Corporation, said benefit is withheld from 23.2.1986. It is pointed out in the reply that in the normal circumstances in no case more than eight hours duty is taken from the Constable and if the duty is far from the headquarter then Government vehicle is used and the concerned Police Constable uses the Government vehicle to reach his duty point and to reach his headquarter at the end of his working hours.