S.N. Hussain, J.@mdashThis 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 petitioner''s 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. 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.
2. Learned counsel for the petitioners stated that this writ petition has been filed in a representative capacity as well as in individual capacity since there is unity of purpose, object and relief. The members of the Union had been recruited at the various point of time either as constables or as constable drivers under Rule 1185 of the Police Manual and hence they were entitled to promotion to the post of Havildar, Reserve Sub-Inspectors (Transport) or Reserve Inspector (Transport) etc. under various rules of the Police Manual.
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).
4. Learned counsel for the petitioners asserted that on 08.08.1990 the Finance Department revised the pay scale and various allowance of the police personnel, including the revision at serial no. 12 of the Notification relating to special pay from the rank of constable to the rank of Inspector posted in Special Branch, C.I.D., Vigilance Department, C.T.C., G.R.P., Police Radio and Fire Service which was 25% of the basic pay or maximum of Rs. 150.00 and accordingly all the drivers posted in the aforesaid departments were being paid Rs. 150.00 as special pay from 01.08.1990.
5. It was also claimed by learned counsel for the petitioners that in spite of the aforesaid notification the drivers of H.Q.R.T, District (H.Q.) and B.M.P. were denied such special pay, whereafter various representations, including one dated 29.08.1990 were sent by the General Secretary of the Department to the authorities concerned, namely the Joint Secretary of the Finance Department. The then A.I.G. (Law and Order) also wrote a letter dated 24.08.1990 to the Joint Secretary, Department of Finance bringing to his notice the grievance of his Association and its members an early decision on the matter. The said A.I.G. again sent a reminder dated 17.08.1991 to the Joint Secretary, Department of Home (Police), but for several years no step was taken by the authorities in that regard.
6. Due to the aforesaid inaction of the authorities concerned, a sort of resentment grew among the members of the Association, but since they are part of the disciplined force, they did not take any direct action and passed the resolution demanding payment of special pay to the members of the Association and forwarded a copy of their resolution dated 02.05.1993 to the D.I.G. (Administration), Govt. of Bihar, but thereafter also authorities slept over the matter for over two years and all of a sudden rose from their deep slumber and finally vide letter dated 27.11.1995 rejected the claim for special pay to the drivers of H.Q.R.T., District (H.Q.) and B.M.P. by a non-speaking order without giving any reasons. Hence, the petitioners had no option left, but to move this Court by filing the instant writ petition which was filed on 10.05.1996.
7. On the other hand, learned counsel for the respondents vehemently opposed the contentions of learned counsel for the petitioners and stated that petitioners were claiming the same benefits which were given to their counter parts in special branch, C.I.D, Vigilance, C.T.C., G.R.P, but the working of the petitioners as constable drivers in H.Q.R.T., District (H.Q.) and B.M.P. were not the same as the workings of drivers in the aforesaid Departments.
8. Learned counsel for the respondents submitted that the drivers in Special Branch, C.I.D., Vigilance, C.T.C. and G.R.P. have 24 hours job, whereas constable drivers H.Q.R.T., District (H.Q.) and B.M.P. have fixed hours and hence their claims were rightly rejected by the impugned orders of the authorities concerned.
9. Considering the averments made by learned counsel for the parties and the materials on record it is quite apparent that the claim of the petitioners is with respect to constable drivers working in H.Q.R.T., District (H.Q.) and B.M.P. who want the same special allowance as has been given to the constable drivers of Special Branch, C.I.D., Vigilance, C.T.C. and G.R.P.
10. The specific claim of the petitioners is that although constable drivers of H.Q.R.T., District (H.Q.) and B.M.P. are supposed to have fixed hours of work, but by virtue of being posted in the department, law and order both is very demanding having no fixed time and also because their deployments are in various kinds of work which not only includes driving the officers to their place of work and tour but also various other duties of the Department which required them to be performed in perpetual state of preparedness. These facts raised by the petitioners have not been specifically denied by the respondents.
11. In the said circumstances, it transpires that the fixed working hour as claimed by the respondents is merely on paper, but such constable drivers of H.Q.R.T., District (H.Q.) and B.M.P. are required to be prepared for work at any given time of the day and night and in fact the authorities have been taking such work from them.
12. The definition of Police Officers as given in Rule 639 (Chapter 20) of the Bihar Police Manual, 1978 (Volume I) includes the constables in clause (13) thereof. Furthermore, Rule 661 (a) of the Manual says about two classes of constables, namely writer constables (literate) and ordinary constables (illiterate). These definitions and rules are applicable to both sets of constable drivers belonging to H.Q.R.T., District (H.Q.) etc. and Special Branch etc.
13. Furthermore, Rule 1185 (a) of the said Manual provides that for every vehicle of and above 15 cwt. Weight one Havildar driver and one driver constable should be sanctioned for motor car, jeep and motor cycle. It also refers to Rule 693 which provides several drivers in several offices of the Police Department. This also does not provide any differentiation among the drivers of various departments which come under the purview of the Police Manual.
14. So far special pay is concerned, it is well defined in Rule 42 of the Bihar Service Code as an addition of the nature of pay, to the emolument of a post or of a Government servant granted in consideration of (a) the specially arduous nature of the duties; or (b) a specific addition to the work or responsibility; or (c) the unhealthiness of the locality in which the work is performed. Since the work of constable drivers of H.Q.R.T., District (H.Q.) and B.M.P. are fixed in time, but there had been continuance and specific addition to their work and responsibility beyond the period prescribed, the said Rule clearly provides that they would also be entitled to the special pay especially when the job taken by them includes their duties during law and order problems which regularly take place and which is both arduous and dangerous. In the aforesaid facts and circumstances as well as the provisions of law discussed above the impugned order of the authorities concerned vide letter dated 27.11.1995 (Annexure-6) is hereby quashed and this writ petition is allowed with a direction to the respondents to pay to the constable drivers, who are members of the petitioner association and other similarly situated employees a sum of Rs. 150.00 as special pay which is being denied to them since the year 1990. The said payment must be made to all such persons within six months from the date of receipt/production of a copy of this order.
