In the Tel Aviv-Jaffa Regional Labor Court, Zoning Plan 51/888-3
Adel Kizel et al. Plaintiffs
The State of Israel – The Ministry of Police, the Prison Service Defendant before the Presiding Judge (Sela), the workers’ representative (Wolf)
and the employers’ representative (Huberman)
- Maital – on behalf of the plaintiffs; A. Ginzburg – on behalf of the defendant.
Judgment
- Mr. Adel Kizel and others (hereinafter - the plaintiffs) filed a lawsuit against the State of Israel
(hereinafter - the defendant) to issue a declaratory judgment, according to which the prison guards serving in the Occupied Territories are entitled to an additional check as of September 1984.
- In this case, Mr. Sofer Zadok and Mr. Reuven Gutman, and on behalf of the defense, Mr. Amit Streit, testified.
- From the affidavit of Mr. Sofer Zadok, the following facts emerge:
- a) The witness, who is plaintiff No. 4 in this case, worked in the Prison Service from April 1960 until April 1990, when he retired; b) The plaintiffs serve as prison guards in the IPS; c) The pay of the prison guards is or is supposed to be the same as the salary and the terms of the salary of Israel Police officers, including Border Police officers; d) Police officers, including Border Police officers on operational records, with the exception of administrative positions, who serve in the "Occupied Territories", receive or are entitled to receive, as of September 1984, a salary supplement called a "Reserve Allowance" paid for their service in the Occupied Territories; e) Prison guards, including prosecutors, as well as police officers and prison guards in administrative positions, began to receive the Reserve Duty Supplement as of February 1988; f) The considerations that underpinned the decision of the IPS Commission or the State of Israel to pay the supplement from February 1988 are the same considerations according to which the defendant was obliged to make the decision in September 1984 or to implement it at that time; g) The decision to grant the supplement to the prison guards, including the plaintiffs, only as of February 1988, was made arbitrarily and without any substantive justification; h) The non-implementation of the decision to pay the supplement as of September 1984It constitutes discrimination and unlawful discrimination against prison guards, including plaintiffs who fulfill all the conditions for receiving the supplement, i.e., service in the Occupied Territories; i) That the plaintiffs serve in fulfilling areas meet the conditions for receiving an additional check.
4a) When the witness was asked, at the beginning of his cross-examination, when Mr. Adel Kizel - Plaintiff No. 1 - began serving in the IPS, he replied that he did not know, and also to the question of what positions Plaintiff No. 1 had served since he began working in the IPS - he replied that he did not know, since they do not serve in the same prison; b) Even to the question of when Mr. Kahlon Moshe - Plaintiff No. 2 - has been serving in the IPS, the witness did not know how to answer. All he knew was that plaintiff No. 2 was very veteran, and regarding the positions in which plaintiff No. 2 served, "as far as I know, he worked in warehouses"; c) With regard to Anwar Moed - Plaintiff No. 3 - the witness knew that he had been serving in the IPS since about 1967 "in security positions. I served with him for part of the period... I served with him both in the prison in Nablus and in Tulkarm";