S.C.Mathur, J. - (1.) Syed Hasan Askari, a constable posted in the Vigilance Establishment of the State Government, has, through this petition, claimed party with his counter-part posted in the Police Establishment of the State in the matter of payment of washing allowance and one months extra pay in lieu of not availing the public holidays. The petitioner has claimed a writ, order or direction in the nature of certiorari to quash the Government Orders dated 2-8-1983 and 17-3-1983, Annexures 5 and 2 respectively to the writ petition, and for the issuance of a writ, order or direction in the nature of mandamus to command the opposite-parties to allow leave allowance and washing allowance to the petitioner from the same date as it had been allowed to non-gazetted staff of the Police Department through Government Orders contained in Annexures 1 and 6 to the writ petition. The petition has arisen in the circumstances hereinafter indicated.
(2.) The petitioner was appointed as a constable in the Police Department of the State on 28-8-1943. In the year 1966 he was taken in the Vigilance Directorate. Since then he is posted in the Vigilance Establishment. On 31-10-1979 the State Government issued a Government Order sanctioning the payment of washing allowance to non-gazetted police personnel with effect from i-4-1979 : a copy of this Order is Annexure 6 to the writ petition. On 12-11-1979 and 28-5-1982 the Viliance Directorate wrote to the State Government in the State Government in the Vigilance Department requesting for sanction of the allowance to similar personnel posted in the Vigilance Establishment. The State Government accepted the request of the Vigilance Establishment and issued Government Order dated 24-7-1982 sanctioning payment of the allowance to constables and head constables posted in the Vigilance Establishment with effect from 29-9-1981. Thus while the washing allowance was sanctioned to constables posted in the Police Establishment with effect from 1-4-1979, it was sanctioned for the constables posted in the Vigilance Establishment only with from 29-9-1981. The Vigilance Directorate again wrote to the State Government requesting the payment of the allowance to the constables posted in the Vigilance Directorate from the same date from which its payment had been sanctioned to the Police personnel postel in the Police Establishment. Till the tiling of the counter-affidavit the State Government had not taken any decision on this request of the Vigilance Directorate. The counter-affidavit was tiled in this Court on 23-5-1984 and the writ petition was filed in this Court on 28-2-1984.
(3.) Similarly, for not availing the public holidays the State Government sanctioned payment of holiday allowance in the shape of one months extra pay in a year to all non-gazetted police personnel from the rank of constable to the rank of Inspector posted in the Police Establishment. This sanction was accorded through Government Order dated 7-12-1-79, Annexure 1, and it was made effective from 1-4-1979. The Vigilance Establishment, through its letter dated 21-1-1980, claimed the payment of the allowance to its non-gazetted employees posted in its Establishment. The Government acceded to the request and allowed payment of the allowance through Government Order 17-3-1983 but again instead of making the payment effective from 1-4-1979, it was made effective only from 1-4-198 2. The Vigilance Establishment again requested the State Government through its letter dated 25-5-1983 for making the payment of allowance effective from 1-4-1979 but the state Government through its order dated 2-8-1983 refused to accede to this request.;