2017 Supreme(Jhk) 1573
IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. PATEL, RATNAKER BHENGRA, JJ.
Jharkhand Police Men's Association through its President, Narendra Kumar – Petitioner
Versus
State of Jharkhand and Others – Respondents
W.P. (PIL) No. 4579 of 2017
Decided On : 06-09-2017
For the Petitioner: Diwakar Upadhyay.
The matter of remuneration and allowance is between the employer and employee.
Headnote:
Uniform Allowance - Writ Petition - Not Applicable
Fact of the Case:
The writ petition was filed to increase the uniform allowance for Havildars and Constables of specific departments, citing disparity with other police departments.
Finding of the Court:
The court found that the petition was not a public interest litigation and dismissed it, stating that the matter of remuneration and allowance is between the employer and employee.
Issues: Disparity in uniform allowance, legality of the petition, unauthorized acquisition of annexures.
Ratio Decidendi: The court held that the principle of 'equal pay for equal work' was not applicable, and unauthorized acquisition of annexures rendered the petition untenable.
Final Decision: The writ petition was dismissed with a cost of Rs. 5,000 to be deposited by the petitioner.
1. This writ petition has been filed with the following prayers:
(i) For issuance of an appropriate writs/orders/directions in the nature of mandamus commanding upon the respondents to Revise/Modify the "uniform allowance" as granted to the Havildars and Constables of the Crime Investigation Department (C.I.D.) Special Branch and Anti-Corruption Bureau (A.C.B.) at par with the uniform allowance already approved to the tune of (Rs. 4,000/- per annum) for the Havildars and Constables of District Police and Jharkhand Armed Police and (Rs. 4,500/- per annum) for the persons holding the rank of Assistant Sub-Inspector (A.S.I.) and Inspectors in the same departments.
(ii) For issuance of an appropriate writs/orders/directions in the nature of mandamus commanding upon the respondent Authorities to take steps for time to time revision of "uniform allowance" of Havildars and Constables of the Crime Investigation Department, Special Branch and Anti-Corruption Bureau like other police of police department.
2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case it appears that this writ petition has been preferred for getting more amount towards "uniform allowance" for Havildars and Constables of:
(a) Crime Investigation Department (C.I.D.)
(b) Special Branch
(c) Anti-Corruption Bureau (A.C.B.)
3. It is submitted by the learned counsel for the petitioner that other Constables and Havildars of District Police and Jharkhand Armed Police are getting Rs. 4,000/- and Rs. 4,500/- per annum towards uniform allowance whereas the Havildars and Constables of Crime. Investigation Department, Special Branch and Anti-Corruption Bureau are getting Rs. 750/- per annum and hence, for increase of this uniform allowance, the present writ petition has been preferred.
4. It appears that this is not a public interest litigation at all. If an employee is aggrieved of getting lesser amount of some allowance, the duties of another employee than tile writ petitioner can always be preferred by him, so that his duties can be compared with the duties of other employee, who is getting more amount of allowance. Moreover, it appears that for enhancement of uniform allowance of Havildars and Constables, no public interest litigation can be preferred. There are several employees of the State Government like Clerks, Head Clerks etc. who are getting uniform allowance at Rs. Zero. What should be the uniform allowance, that cannot be decided by this Court, while exercising power under Article 226 of the Constitution of India. Remuneration and Allowance is a matter between the employer and employee. This Court cannot enhance the uniform allowance of the Havildars and Constables of either Crime Investigation Department or Special Branch or Anti-Corruption Bureau, as prayed for in this writ petition. Moreover, it appears that the learned counsel for the petitioner is relying upon Annexure 4 and 8, annexed with this writ petition. These Annexure are nothing, but, recommendations. No policy decision has been taken by the State of Jharkhand vide Annexure 4 or Annexure 8 for enhancement of uniform allowance of the Havildars and Constables, who are working in the Crime. Investigation Department, Special Branch and Anti-Corruption Bureau.
5. Further, looking to Annexure 8, it appears that the author of the said letter, who is Additional Director General of Police, Special Branch, Jharkhand, Ranchi, has mentioned therein, that the duties of the Havildars and Constables of Crime Investigation Department, Special Branch and Anti-Corruption Bureau by and large, are similar to the duties of Havildars and Constables of District Police and Jharkhand Armed Police. Thus, there appears to be a difference in the duties, to-some extent, even as per the Additional Director General of Police, Special Branch, Jharkhand, Ranchi, who has given information in the form of letter (Annexure 8). Smallest gap between the duties of two type of Constables, can