JUDGEMENT
TEJINDER SINGH DHINDSA, J. -
(1.) ALL the petitioners are working on a regular basis as
Drivers in the Health Department, State of Punjab. The instant
writ petition has been filed raising a two-fold claim. In the first
instance, the petitioners are seeking the issuance of a writ of
mandamus for directing the respondent-authorities to grant them
pay parity/identical pay scales as admissible to Drivers working
with Punjab Roadways and Pepsu Road Transport Corporation.
The second grievance is with regard to the lack of promotional
avenues in their cadre.
(2.) BRIEF facts are that the petitioners were recruited as Drivers under the Punjab State Health Department in the basic
pay scale of Rs.1020-2130 and which, as per conversion table, was
revised to Rs.3300-6200 w.e.f. 1.1.1996. The pay scales stood
further revised to Rs.5910-20200 with grade pay of Rs.2000 and
initial total pay of Rs.9880 w.e.f. 1.1.2006.
Learned counsel appearing for the petitioners while seeking pay parity with the posts of Drivers working with Punjab
Roadways and Pepsu Road Transport Corporation would submit
that the petitioners are also holding a valid driving licence for
driving heavy vehicles and have qualified the Matriculation
Examination. It has further been pleaded that the petitioners are
also called upon to drive mobile unit buses which are in the
nature of heavy vehicles and as such, would argue that it would
not be open for a welfare State to discriminate between
employees holding the same designation as regards grant of pay
scales is concerned. Learned counsel towards furtherance of such
submission has even adverted to a tabulation furnished in para 14
of the writ petition.
(3.) LEARNED counsel for the petitioners on the issue of promotional avenues would place reliance upon a judgment of the
Hon'ble Supreme Court in CSIR and another v. K.G.S.Bhatt and
another, (1989)4 SCC 635 and would submit that the State
Government was under an obligation to provide promotional
avenues even to the cadre of Drivers in the Health Department. It
is contended that in the case of Drivers working under Punjab
Roadways and Pepsu Road Transport Corporation, promotional
avenues to the higher post of Sub Inspector/Inspector and Chief
Inspector have been duly provided.;
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