A PIL has been filed before the Bombay High Court challenging the order deducting the salaries of class I, Class II & class III officers, and seeking Risk and hardship allowance and protective equipments for police officers.
The petition has been filed by Mr. Tosif C Shaikh who is a practicing criminal lawyer and Mr. Satish Gaikwad is a social activist working for rights of underprivileged and suppressed class.
The petition has been filed in the interest of police officers who are engaged in frontline of battle against covid-19 seeking the following reliefs:
To declare the impugned GR dated 01.04.2020 deducting the salaries of class I, Class II & class III officers as arbitrary for being ultra-vires the constitution:
The Finance Department of the State of Maharshtra issued a GR dated 01.04.2020 deducting the salaries of class I, Class II by 50% & class III officers by 25%. While police personnel are in the front line in this battle against covid outbreak and lockdown, the Government of Maharashtra vide its resolution has proposed salary cuts of the Police personnel’s. It was also reported in an article published in “Times of India” dated 09.04.2020 that Salaries of Class I and II employees will be cut by 50%. For the Class III employees, bills with 25% salary deduction have been sent to the treasury department.
Similarly, there is dismay in other States as well against the compulsory deduction of salary without there being ‘financial emergency’ declared. The deduction of salaries will only act as punitive and onerous as the officers are working tirelessly to contain the spread of the disease., and such deduction of salaries is bound to have a negative impact on the morale of thousands of officers and staff working in these tough times.
According to the petitioner, the order has been issued without any financial emergency being declared making it arbitrary and ultra-vires the constitution.
Seeking directions to the State Government of Maharashtra and the other concerned authorities to make provisions for the payment of “Hardship And Risk Allowance” to Police Personnel : In April 2017, the Report of the Committee on Allowances made a provision for the payment of Risk and Hardship allowance, which were to be governed by the Risk and Hardship Matrix as explained in the Report.
According to the 7th Pay Commission recommendations, hazard or risk pay is a form of extra compensation given to employees for performing dangerous duties. Some States like the State of Haryana and State of Telangana have sought to encourage and appreciate the efforts of the Police personnel’s by paying them double salary, at the same time few States including state of Maharashtra ordered deduction in their salaries upto of 25% to 35% which is detriment to the interest and moral of several officers who are on field trying to contain this deadly virus which has taken several lives across the Globe. According to the petitioner, benefits of Hazard or Risk pay are not novel and are already extended to the officers working in high-active field areas such as the country’s borders/Naxalite areas or where there is an epidemic or ongoing counter-insurgency operation. The risk and hardship allowance is a form of extra compensation given to employees for performing dangerous duties.
The petition states that there is no such scheme that would secure hazard pay or any additional compensation for the police personnel, who are risking their lives to fight the said disease and to ensure that the people at large, across the country are safe.
Incentives for police officers in form of bonus, additional salary and also provide PPE (Personal Protection Equipment) Kits: The petition points out that there have been several reports of the police being attacked by persons for attempting to enforce the lock down and of police personnel who are contracting COVID 19. The police personnel and their respective families are at risk of contracting COVID 19, and they are also coming under tremendous stress and no steps are taken for their mental wellbeing.
Police officers in various cities have tested positive for COVID 19, which has also led to more other officers being in quarantine so as to not expose others further
Apart from heightened risk of infection, anxiety and being separated from their families, they are also increasingly dealing with social ostracism, harassment and even assault.
Many police personnel on the frontline are also the sole earning members of their families and therefore, the State should ensure that they are well taken care of. The police personnel need to be duly compensated for the period of pandemic by way of “Risk And Hardship Allowance” or any other remuneration in form of bonus, incentive, additional salary and moreover protected from any illegal deductions, it is therefore necessary to ensure that the morale of the police personnel is boosted with incentives, especially due to the current COVID 19 situation.
According to the petitioner, in order to protect these officers from being infected by the virus, arrangements of protective gears such as masks, gloves and sanitizers for police personnel’s must be made on priority.
-India Legal Bureau