The Tripura High Court held that the exclusion of the Warders and Head Warders of the Jail department from the benefits of enhanced rate of allowances which were provided to the Constables and Head Constable under Home (Police) Department is violative of Articles 14 & 16 of Constitution of India.

The Warder and Head Warder (Petitioners) had approached the High Court by filing a writ petition seeking enhanced Kit Maintenance Allowance/Annual Dress Allowance as well as Ration Money Allowance similar to the Constable and Head Constable under Home (Police) Department as per ROP 2017 w.e.f. January 18, 2020 and April 26, 2022 respectively.

The Single Bench of Justice Arindam Lodh observed, “Non-extension of the enhanced rate of allowances is also violative of the notification dated 15th June, 2017 since under the said notification the Warders and Head Warders of Jail department, Govt. of Tripura were treated similar to the personnel of State police department along with Forest, Fire Services, etc. departments. In this situation, the respondents have failed to show any reason for exclusion of the Warders and Head Warders of the Jail department from the benefits of enhanced rate of those allowances and to treat them differently than those of the personnel of police, etc. departments.”

Advocate Soumendu Roy represented the Petitioners while Additional Government Advocate Mangal Debbarma represented the Respondents.

Factual Background

The petitioners are the Warder and Head Warder under the Home Department (Jail), Government of Tripura. Vide a notification issued by the Finance Department provisions for providing Kit Allowance (now Kit Maintenance Allowance)/Annual Dress Allowance and Ration Allowance (now Ration Money Allowance) of personnel of Home Department (Police and Fire Service)/employees of Jails/Home Guards/Excise and Forest Department were made.

The petitioners had been enjoying the benefits of aforesaid allowances in view of the said notification. The rate of Annual Dress Allowances were enhanced to Rs.7,500 per annum for Constable/Nayek/Head Constable and ASI of Police Department, Govt. of Tripura. However, the said benefits of enhancement were not extended to the Warders and Head Warders of the Home (Jail) Department, Govt. of Tripura.

The petitioners submitted representations but the proposal of maintaining uniformity in providing the benefits of all the allowances to the personnel of the Home (Jail) Department was not accepted by the Finance Department. Recently the rate of Ration Money Allowances were also enhanced to Rs 2000 per month but the representations for enhancement submitted to the Inspector General of Prisons remained un-responded compelling the petitioners to approach the High Court.

Reasoning

On a perusal of the notification in question, the Bench noted that the employees under the Home (Jail) Department are placed at equal pedestals along with uniformed Police personnel of Home (Police and Fire Services) Department, Rangers/Foresters/Head Forest Guards/Forest Guards under the Forest Department.

As per the Bench, the benefits of all allowances are provided to the personnel of Home (Jail) Department, Govt. of Tripura up-to the rank of Jailor and Sub-Jailor. “The rank of Jailor has been equated with Inspector of Police and the rank of Sub-Jailor is equated with Sub-Inspector of Police. When the Warders and Head Warders of the Home (Jail) Department have been brought under notification dated 15th June, 2017 along with other uniformed personnel of the Police Department and Forest Department, I find no reason to exclude the Warders and Head Warders of the Home (Jail) Department from the benefit of revised rate”, the Bench said.

The Court stated, “In the aforesaid circumstances, in my opinion, exclusion of Warders and Head Warders of the Home (Jail) Department from the enhanced benefits of Kit Maintenance Allowance/Annual Dress Allowances and Ration Money Allowances is illegal, arbitrary and discriminatory and violative of Articles 14 and 16 of the Constitution of India.”

Clarifying that the judgment will be treated as Judgment in rem and not in persona, the Bench allowed the Petition and ordered, “…all the Warders and Head Warders of Jail department are entitled to have the similar benefits of those allowances at the enhanced rate as mentioned above i.e. Rs.2000/- per month as Ration Money Allowances and Rs.7,500/- per annum as Annual Dress Allowances.”

Cause Title: Siddhartha Chakraborty & Anr. v. The Secretary & Ors. ( Case No.: WP(C) 581 OF 2024)

Appearance:

Petitioners: Advocate Soumendu Roy

Respondents: Additional Government Advocate Mangal Debbarma

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Tripura High CourtJustice Arindam Lodharticle 16Article 14 of Constitution

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.