Department has rejected our claim of parity in pay. We are sixty nine police personnel working in the same department on the group D post. The ministerial police officers have been withdrawing extra pay in the form of special emoluments. Whereas our demand for payment of same emoluments have been rejected by the department on the ground that we are not entitled to get that emoluments. The ministerial staff (Group C) are working in the officer, they have no field work. We are also working in the office. A government order was passed by the state thereby we are also police personnel under the police act 1861. Can we get any relief from the high court?
You are seeking equal pay as the ministerial staff in group C within your department. Your basis for this demand is that both group C and D staff work in the same department and do not have any field work. However, the government has issued an order providing extra emoluments solely to the ministerial staff, and it appears that no such emoluments have been provided to group D staff.
It is important to note that there is a clear distinction between group C and D staff, even if they work in the same department. If the emoluments are directly related to the discharge of their duties, responsibilities, and nature of work, then as a group D staff member, you may not be entitled to equal fixation of pay.
However, if the emoluments are of a general nature and all ministerial staff members are entitled to receive them without any classification, then you may be able to seek justice through the high court. You can file a writ petition in the high court under Article 226 of the constitution and challenge the government order on the basis of unreasonable classification.
If the court determines that there is no direct nexus between the emoluments and the nature of duties, it may quash the government order and direct the department to provide those emoluments to group D staff members as well, to ensure parity in pay.
