Mohammad Rafiq, J. - (1.) HEARD learned Counsel for parties.
(2.) THIS writ petition was filed by petitioners in the year 1997 aggrieved by order dated 04.06.1996 (Annexure -7) thereby the respondents promoted Shri Satpal Singh, Helper, on the post of Driver and conferred upon him semi -permanent status of that post. Learned Counsel for petitioner has argued that petitioner No. 1 who was initially appointed Helper vide order dated 01.04.1982 and petitioner No. 2 was appointed as Helper on 01.02.1982 whereas Satpal was appointed on the same post in September, 1983. Petitioners as well as Satpal were also ever since required to discharge duties of Driver. However, wage of the post of Driver, on daily wages basis, was sanctioned to Satpal with effect from 19.07.1991 and no such benefit was extended to petitioners. He was even made semi -permanent status on that post with effect from 18.07.1993 and fixed in regular pay scale of post of Driver i.e. 950 -1680. The petitioners have not been granted such benefit.
(3.) MS . Shweta Pareek, holding brief of Shri Sanjay Pareek, learned Counsel for petitioners, invited attention of the Court towards plea set up by petitioners in Para Nos. 1, 4 and 6, giving initial date of appointment of the petitioners as well as Shri Satpal and asserting that he was junior to them and argued that this plea has not been controverted by respondents; they only say that Satpal was merely engaged on daily wages basis on the post of Driver, therefore, it could not be treated case of promotion. Further the learned Counsel submitted that Satpal was engaged on daily wages basis as driver and thereafter was conferred with semi -permanent status of that post, the same post could be provided for petitioners as well. It was nothing but a promotion and the petitioners till date have not been granted such promotion, although learned Counsel submits that petitioners have been throughout discharging duties of post of Driver whenever they are required to discharges duties of Driver and have also been paid salary in pay scale of Driver. Learned Counsel for petitioners, in support of this submission produced copies of log book as also pay slips showing payment of salary to petitioners in pay scale of driver when they discharged the duties of said post.;