Jharkhand High Court
Jharkhand Police Mens Association ... vs State Of Jharkhand And Ors on 6 September, 2017
Author: D.N. Patel
Bench: Ratnaker Bhengra, D.N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 4579 of 2017
Jharkhand Police Men's Association, through its State President,
Narendra Kumar, son of Sri Rudra Dev Singh, having its registered
central office at: Line Tank Road, Old Police Line, PO- GPO, PS-
Kotwali, District- Ranchi, Jharkhand
.......... Petitioner
Versus
1. State of Jharkhand
2. Chief Secretary, Government of Jharkhand, Project Bhawan,
PO- Jagannathpur, PS- Dhurwa, District- Ranchi
3. Home Secretary, Government of Jharkhand, Project Bhawan,
PO- Jagannathpur, PS- Dhurwa, District- Ranchi
4. Under Secretary, Home Department, Government of
Jharkhand, Project Bhawan, PO- Jagannathpur, PS- Dhurwa, District-
Ranchi
5. Finance Secretary, Government of Jharkhand, Project Bhawan,
PO- Jagannathpur, PS- Dhurwa, District- Ranchi
6. Director General-cum-Inspector General of Police, Jharkhand,
Ranchi, Police Head Quarter, PO- Jagannathpur, PS- Dhurwa,
District- Ranchi
.......... Respondents
---------
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RATNAKER BHENGRA
----------
For the Petitioner : Mr. Diwakar Upadhyay, Advocate
For the State : J.C. to A.A.G.
----------
03/Dated: 6 September, 2017
th
Oral order: Per D. N. Patel, A.C.J.:
1. This writ petition has been filed with the following prayers:
(i) For issuance of an appropriate writ(s)/ order(s)/ direction(s) in the nature of 'Mandamus' commanding upon the Respondents to Revise/Modify the "uniform allowance"
as granted to the Havildars and Constales 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.4000/- per annum) for the Havildars and Constables of District Police and Jharkhand Armed Police and (Rs.4500/- per annum) for the persons holding the rank of Assistant Sub Inspector (A.S.I.) and Inspectors in the same departments.
And/Or 2.
(ii) For issuance of an appropriate writ(s)/ order(s)/ direction(s) 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 & 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 the 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 3. 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 Annexures 4 and 8, annexed with this writ petition. These Annxures 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 always make a difference in the allowance, salary etc. Principle of "equal pay for 4. equal work" is not applicable to the facts of the present case, prima facie, looking to the information given by the Additional Director General of Police, Special Branch, Jharkhand, Ranchi, who has written letter at Annexure 8 to this writ petition.
6. Moreover, copies of Annexure 4 and Annexure 8 have never been addressed to this petitioner. When this Court raised a query about the custody of the copies of Annexure 4 and Annexure 8, learned counsel for the petitioner is unable to point out the legal source of getting the same. No writ petition, much less public interest litigation, can be tenable, at law, when the documents, annexed with the petition, are stolen one. Even if, this petitioner is an Association of Police, it does not mean that it can get the photo copy of any of the documents or files of the Police Department, without any authority. Custody of documents should be legal one, with the petitioner. The petitioner-Association has no authority to copy from any file or document, either of the Police Department or the Home Department.
7. Similarly, copies of Annexure 2, Annexure 3, Annexure 5 and Annexure 6, annexed with this writ petition, have been obtained unauthorizedly. When we raised a question as to how the petitioner got the copies of these Annexures, no satisfactory reply has been given by the counsel for the petitioner. No writ petition, much less public interest litigation, can be tenable, at law, when the documents, annexed with the petition, are stolen one. In fact, for such type of custody of documents, action should be initiated by the Government of Jharkhand, against the person, who has filed affidavit in this writ petition.
8. Thus, there is no substance in this writ petition, because this is not a public interest litigation, at all, but, a publicity interest 5. litigation. For enhancement of uniform allowance, no public interest litigation can be filed. Even as per Annexure 8, there is still a gap between the duties, being performed by the Havildars and Constables of Crime Investigation Department, Special Branch and Anti-Corruption Bureau in comparison to the duties, being performed by the Havildars and Constables of District Police and Jharkhand Armed Police. Smallest gap between the two, may not entitle the Havildars and Constables of either Crime Investigation Department or Special Branch or Anti-Corruption Bureau to get the uniform allowance, at par with the Havildars and Constables of District Police or Jharkhand Armed Police.
9. We, therefore, dismiss this writ petition, with a cost of Rs.5,000/- (rupees five thousand), which will be deposited by this petitioner before Advocates' Association Welfare & Development Fund, Jharkhand High Court, Ranchi, within a period of four weeks from today.
10. Registrar General of this Court is directed to send a copy of this order to the President as well as Secretary, Advocates' Association Welfare & Development Fund, Jharkhand High Court, Ranchi.
(D.N. Patel, A.C.J.) (Ratnaker Bhengra, J.) A.K.Verma/