Depriving Jail Warders Of Enhanced Rate Of Kit Maintenance Allowance, Ration Money Allowance Discriminatory: Tripura High Court

The Tripura High Court recently directed the State Government to extend the enhanced rate of Dress Allowances and Ration Money Allowances to the Warders and Head Warders of Jail Department at par with the personnel of other departments (Police, Forest and Fire Service etc.) under the State Home Department.

The single judge bench of Justice Arindam Lodh observed:

“…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. 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.”

The petitioners being the Warder and Head Warder under Home (Police) Department prayed for granting enhanced Kit Maintenance Allowance/Annual Dress Allowance as well as Ration Money Allowance similar to Constable and Head Constable under Home (Police) Department as per ROP 2017 with effect from January 18, 2020 and April 26, 2022 respectively.

It was the contention of the petitioners that 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 vide notification dated January 18, 2020.

However, it was submitted that the said benefits of enhancement were not extended to the Warders and Head Warders of the Home (Jail) Department, Government of Tripura.

The Court noted that 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.

It was further observed by the Court that till the rates of allowances are enhanced, the petitioners being the Warder and Head Warder of the Home (Jail) Department, Government of Tripura were enjoying the Kit Maintenance Allowances @ Rs.300/- per month and Ration Allowance @ Rs.800/- per month respectively along with other uniformed personnel of the above departments.

The Court noted that the Finance Department has failed to assign any reason for not providing the benefits of revised rate of allowances to the Warders and Head Warders of the Home (Jail) Department, Government of Tripura.

“…it comes to light that 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 Court said.

It was noted by the Court that 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.

“…Needless to say, 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,” the Court added.

However, the Court observed that petitioners shall not be entitled to arrears of any allowances.

“Accordingly, the instant writ petition stands allowed with the direction upon the respondents to extend the benefit of revised/enhanced rate of Kit/Dress Allowances and Ration Money Allowances at par the personnel of Police, Forest and Fire Service, etc. departments under the State Home Department with immediate effect latest by the end of the month of February, 2025,” the Court directed.

Case Title: Sri Siddhartha Chakraborty v. The State of Tripura & Ors.

Case No.: WP(C) 581 of 2024

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