Sabhaieet Yadav, J. - (1.) By this petition, the petitioner has sought relief of writ of mandamus directing the respondents to promote the petitioner from the post of Beldar to the post of Driver, in the Nagar Mahapalika, Kanpur Nagar and pay his salary for the post of Driver w.e.f. 14.9.1984.
(2.) The relief sought in the writ petition rests on the facts that petitioner was appointed as Beldar, Class IV employee in Nagar Mahapalika, Kanpur Nagar on 3.5.1980 in the pay scale of Rs. 750/to 940/- and he was confirmed on the said post in the year 1982. Since he was experienced vehicle driver having valid driving licence he was promoted casually to drive the vehicle i.e. Jeep No. 5592 in the Zone-3 of Nagar Mahapalika, Kanpur Nagar but no promotion order in writing was given to the petitioner by the respondents. On 4.9.1985 an order posting the petitioner permanently in the Project department on the post of driver was passed by the office Director, City Cleaning, Nagar Mahapalika. Kanpur Nagar. Thereafter on 21.9.1989 the Executive Engineer Zone-3 sent a recommendation for promotion of the petitioner from the post of Beldar to the post of driver on the ground that petitioner was working as driver from 4.9.1985 continuously. It is alleged that although in the year 1989, the recommendation was sent to the Mukhya Nagar Adhikari and he has accepted the recommendation of promotion of petitioner on the post of driver on 9.10.1990 but no formal order of promotion was passed nor he was paid his salary for the post of driver despite he is working as driver under the control of respondents from 14.9.1984 but he is being paid salary of Beldar which is less remuneration against the principle of equal pay for equal work. On 3.4.1993 the petitioner sent a representation to the Project Officer, U.D.C, Nagar Mahapalika, Kanpur Nagar with the prayer for his promotion from the post of Beldar to the post of driver. On 15.4.1993 the Project Officer sent a recommendation to the Administrator, Nagar Mahapalika, Kanpur Nagar for promotion of petitioner on the post of driver. On 31.5.1994 the representation of petitioner dated 3.4.1993 was referred to the respondent No. 2 by the Administrator but petitioner has not been promoted so far. He again submitted representation on7.6.1994 to the respondent No. l ventilating his grievances therein.
(3.) In para 9 of the writ petition it is further stated that one Madho Raj who was appointed as Safai Mazdoor in the year 1992 has been promoted as driver on 2.6.1994 by the respondent No. 1(Annexure-7 of the writ petition). In para 10 of the writ petition it is stated that the petitioner is working as driver since 14.9.1984 continuously under the control of respondents and more than 10 years have passed but he has neither been designated as driver nor salary of driver has been paid to him by the respondents. The petitioner is still working as driver and on 1.3.1994 the petitioner has been deputed to operate Jeep No. U.S.J. 5403 in Third Zone for recovery of revenue. It is further stated in para 11 of the writ petition that according to the service rule the petitioner is entitled for promotion if he deserves. The petitioner is holding a valid licence and he is working as driver by the order of respondents. He is also entitled for designation as driver and entitled for salary of driver in pay scale of Rs. 950/- to 1500/- admissible to the post of Driver. The action of respondents in denying the aforesaid benefit of service to the petitioner is arbitrary and illegal and not justified under law.;