Excelsior Correspondent
Srinagar, Sept 30: The Central Administrative Tribunal (CAT) in a significant order has directed the Home Department not to deduct the salary of about 800 constables from their pay.
The CAT bench comprising Anand Mathur and Rakesh Sagar Jain while granting an interim relief to these constables directed against any pay deduction. “This order is however subject to the objections of dhe Department which their counsel undertakes to file within seven days”, CAT said.
These constables have challenged the communication passed by the Additional Inspector General (AIG) for Director General of Police J&K whereby direction have been issued to recover money from these constables from their salaries. They are also aggrieved of the Rule 5 of SO 194 dated 17.6.2020.
These constables having been appointed in J&K Police have also been granted the allowances and 2 and half day extra pay as the other three allowances viz Risk Allowance, Ration Money Allowance and 2 & a half day extra pay to all the policemen in the department taking into consideration of their conditions of services.
Their counsel Arif Skinder has submitted before the CAT bench that the impugned communication issued by AIG has made certain observations in respect of police personnel who have been appointed under SRO 2020 which include applicant-constables as they are not entitled to any allowance except TMA and MA allowances during the probation period.
The communication reads that necessary recoveries be initiated from those police personnel including the applicants who have been paid these allowances in violation of SRO 202. Advocate Skinder submitted that the communication in question is wrong on two counts as these constables taking into consideration the conditions of their services as per Rule 12 of the SRO 202, the conditions of services of police personnel appointed under the said SRO are also governed by the orders, Rules and regulation to be issued or in vogue by the Government of J&K as such the recovery of money is void and is liable to be set aside.
He added that the recovery of money is impermissible as the post of constable falls under Class-III category as per Rule 2(D) of the J&K Government Employees Conduct Rules 1971 thus the authorities are stopped to effect the recoveries from them who also are employees falling under the class.
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