S.RANGARAJAN, J. - (1.) The petitioner admits that he was appointed as a Constable in the Delhi Police force on 12-10-1953; he underwent the full course of training prescribed for Police Constables and was confirmed in the pay scale of 75-1-85-2-95 as a Police Constable. He/holds a civil Heavy Driving Licence. From the year 1958, as per his service book (not 1957 as stated) he has been driving police vehicles for which he received a special pay of Rs. 20.00 per mensem. He reached the maximum of his grade, namely Rs. 95.00 in the year 1968.
(2.) It is further averred by the petitioner that he had made a request for his being sent for training which would entitle him for promotion to a rank higher ian that of a Constable, but this was not allowed to him on the plea that no training was necessary for Drivers; he, was told he would be promoted in his turn-these allegations have been denied coupled with the assertion that his request was "dealt with on merits".
(3.) The present petition under Article 226 of the Constitution was filed in February, 1973 when he was required to undergo a departmental test for Constable Drivers for the purpose of preparing a promotion list. The departmental test is to consist of (1) turnout, squad drill and armed drill; (2) practical test in driving ability, care and maintenance and professional knowledge. The petition contains various prayers; it is sufficient, however, to notice two main reliefs which the petitioner has claimed : (1) that since he is working as a Driver in the Union Territorry of Delhi which is being administered by the President through the Lt. Governor he must be treated in the same category as other drivers working in the Central Government offices at Delhi and be paid as per Central Government payscales applicable to such drivers; (2) that, in any case, no test is necessary for his being promoted as Head Constable Drivef as he has been driving police vehicles for about 16 years; since he does not have to discharge duties intended to be carried out by Police Officers carrying out executive functions he could not be subjected to any test intended for such officers especially when the rules do not provide for such a test being held before he is placed in the promotion (C) list.;