LAWS(ALL)-1997-5-226

MOHAMMAD SHARIF Vs. STATE OF UTTAR PRADESH

Decided On May 20, 1997
MOHAMMAD SHARIF Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The Court is seized of three distinct though similar petitions bearing Writ Petition No 7202 (SS) of 1993, 521 (SS) of 1994 and 526 (SS) of 1994 containing a common grouse of the petitioners with regard to release of certain service benefits in the domain of special pay, special work allowance, fixed house rent, motor cycle subsidy etc.

(2.) The gist of the matter is that the petitioners are employees of the ministerial staff of the State Police and working in various wings of the district establishments Range Headquarters and Police Headquarters. It was contended that the police employees working in the Executive Cadre of the force were drawing certain benefits of the type enumerated above, but for some unjustifiable reasons the respondents were depriving them thereof. The action was thus stated to be discriminatory and appropriate relief for the release of the aforesaid allowances was claimed by way of mandamus in all these three petitions.

(3.) Resisting the petitioners' endeavour for the extra benefits, the respondents pleaded that there was a clear distinction in the nature of duties and responsibilities fastened upon the ministerial staff and the force working in the field popularly called on executive duty.