KAMAL KISHORE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this writ petition, the petitioners have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to issue a writ in the nature of mandamus commanding the respondents to keep on paying special pay to them as was being allegedly paid in the past.

(2.) Brief facts, as pleaded by the petitioners, are that they were originally enrolled as executive police subordinates in different ranks, namely, Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and Constables and were meant to perform the general duties in relation to the maintenance of law and order. The petitioners, however, were asked to perform duties in the executive clerical wing of the Police Department vide various orders passed from time to time, the details of which are mentioned in a tabulated form in Annexure P-16 which also contains their other service particulars including the original police ranks. According to the petitioners, prior to June 15, 1990 when rule 1.1 of Punjab Police Rules, 1934 (hereinafter referred to as the PPR) was amended by the Government of Punjab, constituting the uniformed executive clerical cadre, the executive clerical wing was also a part and parcel of the cadre of general police districts. The service conditions of the petitioners, even while performing duties in the executive clerical wing, were governed by the Punjab Police Rules, 1934 . Part V of Chapter X of Vol. 1 of the PPR prescribes "Pay and allowances" admissible to all ranks and grades in the police department. Rule 10.63 thereof provides the rates of pay including the allowances sanctioned for certain posts either as special pay or compensatory allowances other than conveyance and grain compensation allowances. The petitioners have further averred that according to Appendix under Rule 10.63 (table B, Serial No. 42) attached to the afore- mentioned Chapter, the enrolled police officials who are employed as clerical staff in the English Offices of Superintendent of Police and who perform duties in different ranks like Head Clerk, Accountant, Assistant Clerk, Typist, Bill Clerk, Assistant Accountant Clerk, Typist, Head Proficient/Finger Prints and Clerks, etc. are entitled for payment of special pay at the rates prescribed therein. It is the positively pleaded case of the petitioners that they, having been posted in the executive clerical cadre through various orders, details of which are mentioned in Annexure P-16, have been regularly and uninterruptedly performing the duties as are specified in Rule 11.1 of Chapter XI of Vol. 1 PPR and for this precise reason, have been regularly paid the special allowances in terms of Rule 10.63 read with Appendix thereof (Table B) of Vol. 1 PPR till it was arbitrarily stopped with effect from March, 1980. The petitioners represented several times that so long as they are working in the executive clerical wing, they are entitled to be paid special pay in accordance with their entitlement under the Statutory Rules. The grievance of the petitioners was duly acknowledged by the Director General of Police and other senior functionaries of the department in a meeting held for Redressal of Grievances and Welfare of Police at PAP Campus, Jalandhar Cantonment on July 19, 1986 (Annexure P-14/A) where it was resolved that the "special pay should be got restored immediately as the present conditions were unfair to the concerned staff." However, instead of implementing the afore-said decision, Rule 1.1 of PPR Vol. 1 was amended by the State Govt. vide notification dated June 15, 1990 (Annexure P-15) whereby proviso to Rule 1.1 was added, inter alia, providing that Telecommunication Branch, Finger Prints Bureau, Women Police Wing, Band Staff, Mounted Police, Armourers and executive clerical wing i.e. uniformed clerical functionaries posted in various subordinate offices shall form its separate cadre; the petitioners, as they say, have absolutely no grievance against constitution of a separate cadre, however, neither they have been given option to switch over to the newly constituted cadre nor the special pay, admissible to them under the PPR, is being paid to them. It is in these circumstances that the petitioners have sought a writ of mandamus for directing the respondents to allow them to continue to draw the special pay from March, 1980 onwards.

(3.) Upon notice, written statement has been filed on behalf of respondents No. 1 to 3. The fact that the petitioners were originally enrolled in the general police cadre in different ranks like Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Head Constable or Constables have not been disputed. It has also been admitted that they were taken to the executive clerical wing to perform clerical duties as prescribed in Rule 11.1 of the Chapter XI of PPR Vol. 1. It is also not disputed that "special pay" was allowed to be drawn to all those petitioners who were taken to the executive clerical wing prior to February, 1980. The respondents, however, have taken a stand that the "special pay" has been disallowed to the petitioners in view of the letter dated October 18, 1979 (Annexure R-2) issued by the Finance Department (Finance Regulations), Government of Punjab whereby revised pay scales for the posts in the police department were sanctioned and according to which the executive police officers working against ministerial/clerical posts have been allowed special pay with their revised scales of pay upto their repatriation to the executive police cadre or till 29th February, 1980 whichever is earlier and, thus, it was clear from this letter that the "executive clerical staff" is not entitled to "special pay" after 29th February, 1980.