AJAIB SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2013-7-79
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 26,2013

AJAIB SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

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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