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MR. JUSTICE KALYAN RAI SURANA, J
PHASSANG CHACHOK, CHOWKIDER AND 12 ORS. – Appellant
Versus
THE STATE OF AP AND 4 ORS. – Respondent
WP(C) 85/2020
For the Appellants/Petitioners: K Posi
For the Respondents: GA (AP)
Government policy decisions regarding employee entitlements must be adhered to, especially concerning classifications of staff and financial considerations.
Headnote:(A) Constitution of India - Article 226 - Writ petition for special compensatory pay - The petitioners, chowkidars of the Transport Department seek inclusion for compensatory pay equivalent to one month's salary under order dated 09.03.2000, previously denied based on irrelevant grounds - Courts must exercise restraint in policy decisions of the Government, evaluating discrimination among classes of employees. (Paras 2, 4, 14)
(B) Res judicata - Binding precedents - The decision in prior case on similar grounds may not apply due to changes in context and duties of the chowkidars - Necessity for proper consideration by the State Government for granting benefits. (Paras 10, 12)
Facts of the case:
The petitioners claim entitlement for special pay was rejected previously, citing inconsistent reasoning compared to other employees in the Transport Department who have received similar benefits.
Findings of Court:
The court finds that the previous rejections were based on legally irrelevant considerations and policy decisions by the State should not be interfered with by the courts.
Issues: Main issues include whether chowkidars qualify as ‘operational staff’ for the purposes of benefit entitlement under the Government order, and the grounds for the Government’s rejection of their claims.
Ratio Decidendi: The court opines that policy decisions should be respected, and without clear designation of chowkidars as operational staff, claims for compensatory pay cannot be supported.
Result: The writ petition is dismissed, leaving the impugned order intact.
| Table of Content |
|---|
| 1. consideration for chowkidars under compensatory pay (Para 2 , 3) |
| 2. previous litigation context and judicial directions (Para 4 , 5 , 6) |
| 3. government's jurisdiction in determining employee categories (Para 8) |
| 4. legal standing of previous judgments in current matters (Para 9 , 10 , 12) |
| 5. judiciary's restraint on policy interventions (Para 11 , 14) |
ORDER
09.05.2022 Date :
Heard Mr. L. Perme, learned counsel for the petitioners as well as Mr. S. Tapin, learned Senior Government Advocate for the respondents.
2. The 13 petitioners herein, having common cause, have jointly filed this writ petition under Article 226 of the Constitution of India , by which prayer has been made for setting aside and quashing of the impugned order dated 31.01.2020, issued by the Secretary to the Govt. of Arunachal Pradesh, Transport Department, and for a direction upon the respondent authorities to include the chowkidars in the Transport Department’s order dated 09.03.2000 and grant them the benefit of compensatory pay equivalent to one month’s pay as operational staff of the State Transport Services.
3. The case of the petitioners is that various category of staff of the Transport Department, viz., Senior Booking Clerk, Booking Clerk, Driver, Conductor, Driver Grade-II, Mechanic Grade-I, Grade-II, Grade-III, Welder– Grade-I, Grade- II, Grade-III, Electrician Grade-I, Grade-II, Grade-III, Accountant-cum-Store Keeper (Technical), Store Inspector, Store Keeper Grade- II and Grade-III, Upholder, Painter Grade-II, Grade-III Artisan Grade__, Body fitter Grade-III, Pump Operator, Carpenter–Grade-III, Helper to Mechanic/Welder/Electrician/Painter/Store-Keeper, Car Washer have been included in the Transport Department’s order under Memo no. TPT(B) 50/2/96 dated 09.03.2000, for grant of benefit of compensatory pay equivalent to one month’s pay, as operational staff of the State Transport Services. The contents of the said order is quoted below:-
GOVERNMENT OF ARUNACHAL PRADESH DEPARTMENT OF TRANSPORT NO. TPT (B) 50/2/96
Dated Itanagar, the 9th March 2000 ORDER
The Governor of Arunachal Pradesh is pleased to grant the benefit of Compensatory Pay equivalent to one month’s pay to the operational staff of the Arunachal Pradesh State Transport Services, as mentioned at annexure ‘A” (attached) in lieu of duty performed by them on Saturdays, Sunday and holidays, Subject to the following conditions:
(1) The above benefit of compensatory pay shall be effected from the financial year of 2000-2001, and shall be payable at the end of the financial year.
(2) The benefit for one month compensatory pay would be available to only those operational staff who do not avail themselves (any long leave) i.e. one calendar month or more during the financial year and who actually perform duty on Saturdays, Sundays and holidays. A duty register along with record of all office orders shall be duly maintained by all controlling officers for the purpose.
(3) The benefit will not be available to those who are under suspension or on extra ordinary leave during the financial year for 30 days or more.
(4) The benefit of compensatory pay will also not be available to those operational staff in Annexure “A” during their tenures at posts or stations which do not require working on Saturdays, Sundays, and holidays.
(5) In respect of employees who have joined service for the first time, the payment would be admissible to him/her in the first financial year provided he/she by rendered service for not less than 9 (nine) months in that financial year.
(6) The payment of compensatory pay will be equal to the basic pay plus dearness allowance drawn by the government servant on the 31st March of the relevant year.
The payment will be made from the head of account meant for salary and necessary budgetary provision will be made for the purpose.
Sd/- P.M. Nair Chief Secretary Govt. of Arunachal Pradesh Itanagar Memo No. TPT (B) 50/2/96 Dated Itanagar, the 8th March 2000.
Copy to:-
1. The Secretary to Gover
