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2017 DIGILAW 342 (ORI)

State of Odisha v. Hemanta Kumar Panda

2017-03-29

SANJU PANDA, SUJIT NARAYAN PRASAD

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JUDGMENT S.N. PRASAD, J. - These writ petitions are under Articles 226 and 227 of the Constitution of India whereby and whereunder the orders passed by the Orissa Administrative Tribunal, Bhubaneswar in batch of Original Applications have been assailed by the State of Odisha and its functionaries by which the Tribunal while quashing the order dated 19.5.2011 has directed to sanction special incentive allowance @ 15% per month of the basic pay to the applicants-opposite parties w.e.f. 1.10.2008 and pay all the arrear dues to them. 2. The brief facts of the case are that the applicants-opposite parties are posted in the State Crime Record Bureau (in short, ‘SCRB’) in the Crime Branch of the Police Department of the State. The SCRB is constituted by amalgamation of three police units, namely, the Police Computer Organization, the State Finger Print Bureau and the Finger Print Sub-Inspectors working in different District Forensic Science Laboratories as per the Govt. decision in their resolution dated 23.7.1988. The SCRB is under the Crime Investigation Department, Crime Branch, Odisha, Cuttack as per Home Department order dated 12.12.2001. The Govt. of Odisha through its resolution No. 43968 dated 24.9.2008, has sanctioned and extended the benefit of special incentive allowance @ 15% per month of the basic pay to all the police personnel, posted and working in the Special Branch, Crime Branch and HRPC. The said resolution had certain ambiguities and hence, the Govt. has come out with another resolution on 30.9.2008 making the ambiguity clear by taking the stand that the incentive allowance was available w.e.f. 1.10.2008. Although the officers of the SCRB belonging to the other units of the CID, Crime Branch were given the benefit of incentive allowance, the applicants, who are posted in the unit of SCRB were denied such benefits. The applicants, being aggrieved had approached the Odisha Police Association. The association brought the matter to the notice of the competent authority by raising their grievance vide letter dated 30.9.2008. The State Police Headquarters after having been satisfied with respect to the genuineness of the grievance of the applicants had recommended to the Government for sanction of incentive allowance in favour of the applicants. The matter was referred to the Finance Department. The State Police Headquarters after having been satisfied with respect to the genuineness of the grievance of the applicants had recommended to the Government for sanction of incentive allowance in favour of the applicants. The matter was referred to the Finance Department. The Finance Department took a favourable view of the matter and took decision accepting the demand of the applicants and again the matter was reviewed by the Finance Department and the Secretary, Finance Department has reversed his own decision taken earlier and in pursuance thereof, the Secretary, Home Department has come up with a letter on 19.5.2011 rejecting the claim of the applicants, which has been challenged by the applicants before the Tribunal on the ground that the Finance Department has already taken decision on the basis of the fact that they are posted in the Special Branch, Crime Branch and HRPC and the SCRB was an integral part of the Crime Branch and as such, they are entitled to get special incentive allowance on the principle that there cannot be a class amongst the class. The case of the State of Odisha before the Tribunal as also before this Court is that special incentive allowance has been allowed only to the police personnel posted in the Special Branch, Crime Branch and HRPC as per the Home Department resolution dated 30.8.2008 since the employees of SCRB are not posted in the Crime Branch and merely because they are working in the same campus, they are not entitled to get special incentive allowance as the same has been allowed to the employees of the Special Branch, Crime Branch and HRPC in view of the arduous nature of duties assigned to them, which quite often involves personal risk, while on the other hand the SCRB is basically a statistical unit of the Police Organization and its employees are assigned with table work only and hence, they cannot claim parity with others who are doing field work and arduous nature involving personal risk. 3. The Tribunal, after taking into consideration the rival submission of the parties and going through the record, has passed the order by quashing the decision of the Govt. dated 19.5.2011, whereby and whereunder the grievance of the applicants has been rejected with a direction upon the authorities to sanction special incentive allowance @ 15% per month of the basic pay to the applicants w.e.f. 1.10.2008. dated 19.5.2011, whereby and whereunder the grievance of the applicants has been rejected with a direction upon the authorities to sanction special incentive allowance @ 15% per month of the basic pay to the applicants w.e.f. 1.10.2008. The State of Odisha being aggrieved with the same is before this Court. 4. We have heard the learned counsel for the parties and perused the documents available on record. 5. The grievance of the applicants-opposite parties before the Tribunal was that they being working under the SCRB, which is a part and parcel of the Crime Branch and as such, they cannot be discriminated so far as it relates to entitlement of special incentive allowance to be paid @ 15% per month of their basic pay. The matter related to entitlement of special incentive allowance has been taken by the Finance Department of the State and the Finance Department has taken a decision by concurring the grievance of the applicants-opposite parties by taking a decision that the applicants are entitled to get special incentive allowance. The Home Department after perusing the concurrence of the Finance Department in this regard has also taken a decision, which would be evident from the resolution dated 24.9.2008, which pertains to the police personnel of the Odisha Police Association and Havildar, Constables and Sepoys Confederation. In the said resolution, the special incentive allowance @ 15% per month of the basic pay has been decided to be given to all the police personnel posted in Special Branch, Crime Branch and HRPC. The applicants, who claim to be working under the Crime Branch and the same being not in dispute, have also raised their grievance to treat them with parity so far as it relates to the special incentive allowance. At the initial stage, the Finance Department has given concurrence on the basis of the fact that the Finger Print Bureau is a part of the CRIME Branch as per the provisions of Rule 445(a) of the Odisha Police Manual/Odisha Police Rule. The SCRB was formed by amalgamation of the State Finger Print Bureau with the Sub-Inspectors working in the District Forensic Science Laboratories and Police Computer Organization. The District Crime Records Bureau of all the districts were placed under the control of the Director, SCRB and the said SCRB was placed under the administrative control of the Addl. The SCRB was formed by amalgamation of the State Finger Print Bureau with the Sub-Inspectors working in the District Forensic Science Laboratories and Police Computer Organization. The District Crime Records Bureau of all the districts were placed under the control of the Director, SCRB and the said SCRB was placed under the administrative control of the Addl. D.G. of Police (CID), Crime Branch, Odisha, Cuttack as per Home Department order dated 12.12.2001 and as such, the Finance Department after taking into consideration the fact that the SCRB being a police personnel posted in the Crime Branch has found the grievance of the applicants genuine by taking a decision to that effect that the special incentive allowance is admissible to the police personnel posted in the Special Branch, Crime Branch and HRPC and in consequence thereof, Finance Department has taken a decision as would be evident from the note sheet, which has been brought on record by the applicants in O.A. No. 1399 of 2011, copy of the same has been placed before this Court also, but the contention raised by the applicants-opposite parties that merely on the noting of the Section Officer that decision already taken by the Finance Department, who is the competent body to give concurrence regarding the entitlement having its financial implication, it cannot be changed. 6. We are not re-examining the jurisdiction of the Finance Department or the noting of the Section Officer, but the fact remains that the police personnel posted in SCRB since belong to the CRIME Branch and the police personnel posted in the Crime Branch have been made entitled to get special incentive allowance @ 15% per month of the basic pay, there would be no justification in denying the said claim to the applicants-opposite parties. The Tribunal after taking into consideration these aspects of the matter and also considering the Government resolution that the employees posted in the Crime Branch are entitled to get special incentive allowance, since the applicants are also posted in the Crime Branch, hence, found the applicants eligible to get special incentive allowance. 7. We on appreciation of the finding given by the Tribunal and on the basis of the facts narrated above, are in agreement with the same. Accordingly, we find no reason to interfere with the order impugned since the same is based on reasons and relevant documents. 8. 7. We on appreciation of the finding given by the Tribunal and on the basis of the facts narrated above, are in agreement with the same. Accordingly, we find no reason to interfere with the order impugned since the same is based on reasons and relevant documents. 8. We accordingly decline to interfere with the impugned order. In the result, the writ petitions fail and the same are dismissed. Petitions dismissed.