Delhi Police constables make a beeline outside courts to get salary hiked

At the root of these mass litigations is a policy of the Delhi Police, which fixed the minimum entry pay for direct-recruit constables joining the force in or after 2006, up to Rs 1,900 more than the pay fixed for those recruited between 2000-06.

The inaction of Delhi Police is forcing its constables recruited before 2006 to make a beeline before the Central Administrative Tribunal, to get their salary increased to make it on par with those who came into the force from 2006 onwards.

At the root of these mass litigations is a policy of the Delhi Police, which fixed the minimum entry pay for direct-recruit constables joining the force in or after 2006, up to Rs 1,900 more than the pay fixed for those recruited between 2000-06.(Representative photo)

At the root of these mass litigations is a policy of the Delhi Police, which fixed the minimum entry pay for direct-recruit constables joining the force in or after 2006, up to Rs 1,900 more than the pay fixed for those recruited between 2000-06.

The decision affects about 4,000 constables, who are now forced to individually approach the tribunal to get their salaries corrected, said a source. If the salaries of all the 4,000 constables were to be fixed, it would have a yearly financial implication of about Rs 50 crore to the department, the source added.

The tribunal rules allow an association to approach it on behalf of all similarly placed workers, but as Delhi Police constables are not allowed to form an association or a union, they have not been able to do that.

Advocate Gyanant Kumar Singh, who has been successful in getting the salaries fixed for 47 constables from the tribunal, said that the indifference shown by Delhi Police towards its force working at the lowest level is forcing them to spend time, money and energy to get their “rightful” due.

Singh said he is now in the process of drafting the petition of about 50 more constables.

The constables have based their petition on a verdict by the tribunal last year, directing the Delhi Police to fix the salary of constable Babu Lal Mitharwal on par with those recruited after 2006. In compliance with the tribunal’s order, the Delhi Police, in September 2016, revised the salary of Mitharwal, making him earn more than his batchmates and even some seniors.

“The denial of the benefit of minimum pay scale that had been granted to constable Babu Lal Mitharwal would be violative of the fundamental right to equality (under Article 14 of the Constitution) of applicants who are similarly placed, in so far as they were enlisted as constables before 2006,” said a petition filed by one of the constables seeking similar relief.

Singh said that apart from clogging the justice delivery system, the authorities are acting in clear violation of various Supreme Court judgments by increasing the salary of only those constables who had approached the tribunal.

This is also in violation of several Supreme Court judgments holding that the department should not force employees to go for litigation to get their due, he said.