BIHAR POLICE MENS ASSOCIATION H.Q.R.T. Vs. STATE OF BIHAR THROUGH DIRECTOR GENERAL CUM INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging order vide letter dated 27.11.1995 issued by the Home (Police) Department, Govt. of Bihar signed by its Deputy Secretary informing the petitioner that his application dated 10.03.1992 had been rejected by the Finance Department. The petitioner also sought a relief directing the respondents to pay to the members of the petitioners' Union and other similarly situated employees a sum of Rs.150.00 as special pay which is being denied to them since the year 1990 and for other appropriate and consequential reliefs to which the petitioners are deemed entitled.

(2.) LEARNED counsel for the petitioners stated that petitioner no.1 is a registered Union of Police Men, Head Quarter Reserve Transport (hereinafter referred to as 'H.Q.R.T' for the sake of brevity) duly recognized by the respondents having its members who were working in the Police Department on Class III and Class IV posts in the State of Bihar. Petitioner no.2 is the General Secretary of the aforesaid Association.

(3.) LEARNED counsel for the petitioners averred that the nature of work of the drivers was substantially the same which included driving of the motor vehicles assigned to them and the general up-keep of such vehicles and they are supposed to have a fixed hours of work, but by virtue of posting in the department, where maintenance of law and order is demanding, both to work beyond the fixed period of work also. However, due to shortage of vehicles as well as increasing pressure of the police Department, the work of a driver has become very taxing especially for those who were posted at H.Q.R.T. as well as District (H.Q.) and B.M.P. who come in the general pool and were working longer hours of work in various kinds of works including departmental duties and law and order duty requiring them to be in a perpetual state of preparedness. This fact is apparent from order dated 29.04.1988 issued from the office of the Director General of Police, Bihar (Annexure-A).