AUGUSTINE GEORGE MASIH, J. - (1.) PETITIONER has approached this Court praying for issuing of a writ of mandamus directing the respondents to grant him the admissible pay -scale of a Driver since 22nd of December 2005 i.e. the date since when he is performing the duties of a Driver in the respondent department as also for directing the respondents to consider the claim of the petitioner for promotion to the post of Driver on regular basis.
(2.) IT is the contention of the counsel for the petitioner that the petitioner was appointed as a Water Career (Peon) on 06.01.2000 on regular basis in the office of District Elementary Education Officer, Fatehabad. He was performing his duties satisfactorily and since the petitioner was possessing a driving licence and was a qualified driver and there being a post vacant for a Driver, petitioner was given the responsibility to drive the official vehicle. In support of this assertion, counsel for the petitioner has placed reliance upon the Experience Certificate dated 19.09.2008 (Annexure P -4) issued by the District Elementary Education Officer as also the Experience Certificate dated 28.04.2010 (Annexure P -5). Counsel submits that the petitioner is still performing the duties of the Driver to the satisfaction of the respondents. Counsel contends that because the petitioner has preferred the present writ petition which was filed in January 2011, respondents instead of proceeding to promote the petitioner to the post of a Driver in accordance with the instructions dated 13.09.2005 (Annexure P -8) have held a qualifying driving test for promotion of all Class -IV employees which has been conducted by the Senior Mechanical Engineer Govt. Central Workshop, Haryana, Chandigarh. Petitioner has intentionally been shown as not cleared in the said driving test and has been penalized for approaching this Court. He, thus, contends that the action of the respondents is not sustainable and deserves to be set aside and a direction be issued to the respondents to promote the petitioner on the post of a Driver as has been done earlier qua the similarly placed employee.
(3.) HE has placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Secretary -cum -Chief Engineer, Chandigarh Vs. Hari Om Sharma, 1998 (5) SCC 87 and a Division Bench of this Court in Madan Lal Vs. State of Punjab, 1997 (3) SCT 21 to contend that the petitioner is entitled to the pay -scale of the post of which the petitioner is performing his duties and responsibility.;