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2024 Supreme(UK) 189
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, J.
Vinod Kumar Sharma and Others - Petitioners
Versus
State of Uttarakhand and Others - Respondents
Writ Petition No.3528 of 2018 (S/S)
Decided On : 10-07-2024
For the Petitioners:Mr. Dinesh Gahtori, Advocate
For the Respondents: Mr. Narain Dutt, Standing Counsel.
IMPORTANT POINT
The court established that the denial of benefits under a Government Order to similarly situated employees was unjustified, emphasizing the need for equitable treatment in pay scales.
Headnote:
Government Order - Police Department - Uttar Pradesh Police Radio Subordinate Service Rules, 1982 - The court found that the denial of benefits under the Government Order dated 27.07.2015 to the petitioners was unjustified, as similar benefits were granted to other departments.
Fact of the Case:
The petitioners, Radio Operators in the UPRS Department, challenged the rejection of their claims for benefits under a Government Order that upgraded Grade Pay for certain police ranks, arguing that they were similarly situated.
Finding of the Court:
The court concluded that the grounds for rejecting the petitioners' claims were contradictory and that the benefits of the Government Order had been extended to various personnel across different departments, including those in the UPRS Department.
Issues: Whether the petitioners were entitled to the benefits of the Government Order dated 27.07.2015, which upgraded Grade Pay for certain police ranks.
Ratio Decidendi: The court held that the denial of benefits to the petitioners was not justified, as the Government Order was intended to enhance Grade Pay and had been applied to various personnel beyond just the Civil Police.
Result: The petition is allowed, and the impugned order is quashed, directing the State to extend the benefits of the Government Order to the petitioners.
JUDGMENT :
(Ravindra Maithani, J.) :
The petitioners, who are Radio Operators in the Uttarakhand Police Radio Sanchar Department (“UPRS Department”) challenge the Government Order dated 24.07.2017, by which, the respondent State rejected their representations for claiming the benefit of Government Order No.699/XX-7/2015-01(16)2014 dated 27.07.2015 (“the GO dated 27.07.2015”). The petitioners also claim benefit of Government Order dated 26.07.2015, by which, the Grade Pay of two cadres have been increased from Rs.4600 to Rs.4800 and from Rs.4200 to Rs.4600 respectively.
2. Heard learned counsel for the parties and perused the record.
3. It is the case of the petitioners that initially they were appointed on the post of Assistant Operator in the UPRS Department on 03.08.2009. Thereafter, they were promoted to the post of Head Operator in the month of July, 2013. They are part of Police Department; they are governed by the Uttar Pradesh Police Radio Subordinate Service Rules, 1982 (“1982 Rules”), which were framed under the Uttar Pradesh Provincial Armed Constabulary Act, 1948. In the UPRS Department, there are various posts namely, Assistant Radio Officer, Radio Inspector, Radio Anurakshan Adhikari, Radio Kendra Adhikari, Head Operator/Mechanic and Assistant Operator.
4. According to the petitioners, a Government Order dated 27.07.2015 was issued by which the Grade Pay of Inspector and Sub Inspector Cadre was upgraded from Rs.4600 to Rs.4800 and from Rs.4200 to Rs.4600 respectively. Pursuant to it, the Grade Pay of Radio Kendra Adhikari and Radio Anurakshan Adhikari in the UPRS Department was also upgraded, but the petitioners were declined the benefit. The petitioners did file representations. It did not find favour with the State and, thereafter, the petitioners and others filed various writ petitions before this Court, which were decided by the order dated 05.05.2017, requiring the Principal Secretary (Home), State of Uttarakhand to decide the representations of the petitioners within a stipulated time. It is thereafter, the impugned order dated 24.07.2017 was passed by the respondent State, by which the representations of the petitioners have been rejected. It has been rejected mainly on the following grounds:-
(i) Group C & D employees of UPRS Department are governed by the 1982 Rules, whereas Civil Police is regulated by the Uttarakhand Police Regulations and the Uttarakhand Police Act, 2007.
(ii) The cadre of the petitioners and Civil Police Sub Inspector are quite different. There is no similarity in it. Their responsibilities are different. Their service Rules are different. Although, Radio Sanchar Department is a Branch of Police Department, but their Cadre has been separately sanctioned. Similarly, the Cadre of the Police Department has been separately sanctioned.
(iii) Civil Police is considered on duty at every time and they are posted in any other department or outside the State, but it is not the case with the UPRS Department. The nature of work is different.
(iv) Officers of two Cadres namely, Radio Anurakshan Adhikari and Radio Kendra Adhikari were given benefit of the GO dated 27.07.2015, so as to remove the anomaly in their pay-scale.
(v) In case, the Grade Pay of Head Operator is upgraded from Rs.4200 to Rs.4600, again anomaly in pay will arise.
5. It is the case of the petitioners that the grounds on which the representations of the petitioners are rejected are baseless. On the one hand, some officers from the UPRS Department have been given benefits of GO dated 27.07.2015, but, on the other hand, the petitioners have been denied the benefit of GO dated 27.07.2015 on the ground that they are not part of the Civil Police.
6. The petitioners claim that the respondents have granted benefits of GO dated 27.07.2015 not only to the Sub Inspector or Inspector Rank Officers, but to Constables, Head Constables, Officers of Fire Service Department, Intelligence Unit also who were at the respective Grade Pay of Rs.4200
