DEOCHAND BANSHIDHAR VYAS Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, the petitioners challenge the order of the State Government asking them to refund an amount equal to the value of the perquisites, the petitioners have been allowed so far till the passing of the impugned order.

(2.) THE matter arises under the following circumstances. The State government had to organise a defence force to meet the unsocial activities in some of the dacoit-infested areas. The Government thus formed Gram raksha Samities and Organisers were appointed at tahsil level. The petitioners were all appointed as tahsil Organisers, Village Defence Society in various tahsil places. These did not form part of the regular Police force. The tahsil Organisers were ranked equal to the post of Sub-Inspectors of police. The petitioners also became quasi permanent on the post. Since the rank of the Tahsil Organisers was equated with the post of Sub-Inspector of police, the petitioners were given the same scale of pay as that of the latter. The Sub Inspector of Police enjoyed certain perquisites just as, free residential quarters and conveyance allowance. By an order of the Inspector-General of Police, the petitioners were also allowed the same privileges, namely, free residential quarters and conveyance allowance. By a memorandum dated 26-9-1966, the Inspector-General of Police specifically allowed the concession of rent-free accommodation to the petitioners as they were to be treated on par with the Sub Inspectors of the regular Police force in all respects. It was stated in the memorandum that the petitioners were entitled to all privileges admissible to Sub-Inspectors. The Tahsil Organisers were thus receiving the benefits of rent-free accommodation or rent in lieu thereof and conveyance allowance.

(3.) THE petitioners were given the above concession and allowance till 23-7-1976 when by an Order No. 4085/5211 /ii/ (1) dated 23-7-1976, the petitioners were informed that the Tahsil / Organisers Village Defence Society will not be given rent-free accommodation and will also not get the conveyance allowance as were available to the Sub-Inspectors. The order also directed that the allowances paid to the petitioners upto that time should be realised from them. The petitioners, therefore, seek to challenge the validity of this order.