Om Prakash Gupta v. State of Jharkhand through the Secretary, Department of Home
2019-06-19
S.N.PATHAK
body2019
DigiLaw.ai
JUDGMENT : 1. The petitioner has approached this Court with multiple prayers, but now confines his prayer for a direction upon the respondents to grant of STF Allowances for the period from 14.06.2008 to 31.08.2012 and to treat the services of the petitioner at Special Task Force, Jharkhand Jaguar from 14.06.2008 to 31.08.2012 as service rendered while having been working upon regular posting to the post of Head Clerk, STF (Jharkhand Jaguar). 2. The case of the petitioner lies in a narrow compass. When the petitioner was posted at Tatisilway, Jharkhand Armed Forces-2, Ranchi as Accounts Clerk, he was ordered to be deputed at the Headquarter of Special Task Force, Ranchi (herein STF in short) with immediate effect vide order No. 164/2008 contained in Memo No. 1188/Sa.Sha. dated 10.06.2008 issued under the signature of the Deputy Inspector General of Police, Ranchi. This order was issued pursuant to the order contained in Memo No. 607/P dated 07.06.2008 of the Deputy Inspector General of Police (Budget), Ranchi. Subsequently, the petitioner was ordered to be relieved by the concerned Department for submitting his joining on deputation at STF Headquarter on the sanctioned post of S.I. (Under Secretarial) vide Force Order No. 800/2008 contained in Memo No. 1749/Est. dated 13.06.2008 issued by the Commandant, Jharkhand Armed Forces 2 Tatisilway, Ranchi. Pursuant thereto, the petitioner after handing over his charge to Head Clerk/Incharge Account, Mr. Javed Pravez at JAF 2 submitted his joining letter dated 14.06.2008 to the Superintendent of Police (Administration), STF, Ranchi on 14.06.2008. It is not in dispute that the petitioner was on deputation in STF, Ranchi, which is apparent from the letter dated 10.06.2008 annexed at Annexure 1. The petitioner superannuated from services on 31.08.2012, but STF allowances has not been given to him from 14.06.2008 to 31.08.2012 while he was posted as STF, Ranchi. Aggrieved by the same, the petitioner represented before the respondents, but no heed was paid. Hence, the petitioner has been constrained to knock the door of this Court for redressal of his grievances. Now, the petitioner confines his prayer only to the payment of STF allowances as per the Rules. The Rules has also been brought on record by way of supplementary affidavit, which is at Annexure 13 series. 3. Mr. Amrendra Pradhan, learned counsel for the petitioner submits that petitioner is entitled for STF Allowances, in accordance with law.
Now, the petitioner confines his prayer only to the payment of STF allowances as per the Rules. The Rules has also been brought on record by way of supplementary affidavit, which is at Annexure 13 series. 3. Mr. Amrendra Pradhan, learned counsel for the petitioner submits that petitioner is entitled for STF Allowances, in accordance with law. Learned counsel draws the attention of the Court towards prevailing Rules, which is at Annexure 13 of the supplementary affidavit. In view of the existing Rules and in view of the facts that other similarly situated persons have been paid the STF Allowances, who were on deputation, the petitioner is also entitled for the same and as such, a direction be given upon the respondents for payment of STF Allowances for the period of 14.06.2008 to 31.08.2012. 4. Per contra counter-affidavit has been filed. Mr. Hemant Kr. Gupta, learned counsel assisted by Mr. Vijendra Verman, learned counsel appearing on behalf of the respondents vehemently opposes the contention of the learned counsel for the petitioner and submits that in no way, the petitioner is entitled for STF Allowances. Learned counsel further submits that the petitioner was on Deputation, he was appointed in Jharkhand Armed Police Force as regular Accounts Clerk and till his superannuation, he draws the salary from Jharkhand Armed Police Force and as such, on Deputation an employee is not entitled for any allowances other than salary which he draws from his parent department. Learned counsel draws the attention of the Court towards Annexure C to the counter-affidavit and submits that in view of Annexure C, the petitioner is not entitled any STF Allowances other than salary, which he is entitled and getting from parent department. 5. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. From perusal of the Rules brought on record, it is crystal clear that any employee other than police officers, who are posted by way of deputation are entitled to STF Allowances @ 50 % of their basic pay. It is also admitted by the respondents that petitioner has been posted on deputation, therefore, the Rules are very clear that any person on deputation are entitled for 50 % of basic pay as STF Allowances.
It is also admitted by the respondents that petitioner has been posted on deputation, therefore, the Rules are very clear that any person on deputation are entitled for 50 % of basic pay as STF Allowances. In Jharkhand Jaguar Police, which is also known as STF, most of the Officers, Employees are from Police Department and are on deputation, merely because officers /employees are on deputation, their entitlement as per Rules cannot be snatched away. The argument of the learned counsel for the respondents is not acceptable to this Court as the same is not tenable in the eyes of law. It is also brought on record that similarly situated persons, who are on deputation have been granted the STF Allowances, list of which is at Annexure 14 series to the supplementary affidavit and same is not denied by the respondents and as such, no discrimination can be made at the hands of the State. 6. In view of the aforesaid observations, rules and guidelines, the petitioner is entitled for STF Allowances. Accordingly, I hereby direct the respondent No.7 Inspector General of Police, STF (Jaguar) to consider the case of the petitioner and pass a reasoned order for payment of STF Allowances to the petitioner. Needless to say that as the petitioner is entitled for the said payment in view of the Rules, the said amount shall be paid to him, within a period of eight weeks’ from the date of receipt of a copy of this order. 7. Resultantly, the instant writ petition stands allowed.