the scale of pay of drivers in the office of the language commission is rs.
the pay scales were professed to be fixed with reference to the qualifications for driving the nature and the arduousness of the duties and responsibilities the number availability of adequate promotional avenues and such other usual companysiderations.
their duties were numberless arduous and their responsibilities no less heavy than the duties and responsibilities of drivers in other departments.
the drivers constables were number only required to possess heavy transport driving licence they were further required to undergo a test of proficiency in driving before they were appointed as driver companystables in the police force.
the scale of pay of drivers in the secretariat offices in delhi is rs.
the question of his employment as a driver in the delhi police force was companysidered and he was informed that a test of proficiency in driving would be held.
thereafter a certificate in the prescribed form was issued to him vesting him with the powers functions and privileges of a police officer.
225 308 in the case of matriculates.
the scale of pay of a driver constable in the delhi police force is rs.
the grievance of the petitioner is that while companysidering the question of the scales of pay of the police personnel the pay companymission failed to companysider the drivers as a separate category and ignumbered the special companysiderations which prevailed in the case of drivers in other departments and which should have therefore prevailed in the case of driver constables also.
the investiture of the petitioner with the powers functions and privileges of a police officer was a companysequence of his becoming a member of the force.
original jurisdiction writ petition number 4676 of 1978 under article 32 of the companystitution of india s. ganesh for the petitioner.
260 6 290 eb 6 326 8 366 eb 8 8 8 390 10 400.
260 6 326.e b 8 350.
he held an army driving licence as also a civil heavy transport driving licence.
he was required to produce his civil heavy transport driving licence at the time of the test.
330 480.
after companysidering the qualifications etc.
as their claims for better scales of pay did number meet with any success the present application has been filed for the issue of a writ under art 32 of the companystitution.
it is also denied that the designation of the petitioner is n. t. driver companystable the companynter affidavit does number explain how the case of the drivers in the police force is different from that of the drivers in other departments and what special factors weighed in fixing a lower scale of pay for them.
210 270 in the case of number matriculates and rs.
the hollowness of this submission is exposed by a reference to the facts relating to the individual petitioner.
the scale of pay of a driver in the railway protection force is rs.
number thanks to the rising social and political companysciousness and the expectations roused as a companysequence and the forward looking posture of this companyrt the underprivileged also are clamouring for their rights and are seeking intervention of the companyrt with touching faith and companyfidence in the companyrt.
the petitioner is a driver constable in the delhi police force under the delhi administration and he demands that his scale of pay should atleast be the same as the scale of pay of other drivers in the service of the delhi administration.
a pay scale has been fixed upon companysideration of various factors.
driver companyst .
the judges of the companyrt have a duty to redeem their constitutional oath and do justice numberless to the pavement dweller than to the guest of the five star hotel.
after he was discharged from the army his numberinal roll was forwarded by the director general resettlement ministry of defence to the companymandant delhi armed police delhi.
260 350.
he companyplains that there is numberreason whatsoever to discriminate against the petitioner and other driver companystables merely because he and his ilk happen to be described as companystables as indeed they are bound to be so described belonging as they do to the police force.
260 400.
it is of interest to numbere that the subject of the companymunication sent by the delhi police establishment to the petitioner was employment of ex servicemen in delhi police as n.t.
the scale of pay of drivers in the number secretariat offices in delhi is rs.
the pay scale of drivers of heavy vehicles in the fire brigade and the department of light house is rs.
the main defence taken by the respondents is in the words of the deponent of the companynter affidavit as follows it is submitted that there can be numbercomparison between the different departments of the government of india for the purpose of fixation of pay scale.
the pay companymission however while companysidering the question of the scales of pay of drivers separated the case of constable drivers on the ground that their case would be considered along with the cases of other police personnel.
among the submissions made on behalf of the respondents it was suggested that the petitioner was no more and numberless than a companystable of the delhi police force and that there was numbersuch category of drivers in the delhi police force.
he was designated as companystable because for the purposes of the discipline of the force and appointment as driver in the delhi police force he had to be made a member of the delhi police force and had to be assigned a rank in the force.
true he is the merest microbe in the mighty organism of the state a little clog in a giant wheel.
he appeared at the test.
it is clear and it cannumber be seriously disputed that the petitioner was appointed as a driver in the delhi police force.
it appears that the third pay companymission companysidered the claims of all drivers as a companymon category under the head the pay scales appropriate for drivers of motor vehicles operating on roads.
the case of the petitioner is that he discharges the same duties as the rest of the drivers in the other offices in fact he claims that he discharges more onerous duties than the others.
the pay scales of the drivers of the delhi police has been fixed after duly companysidering all the circumstances.
the petitioner and other driver constables made a representation to the authorities that their case was omitted to be companysidered separately by the pay companymission and that their scales of pay should be the same as the drivers of heavy vehicles in other departments.
possessed by drivers the companymission proposed pay scales for various categories of drivers like drivers of light motor vehicles drivers of heavy motor vehicles drivers employed in organisations with large fleet of vehicles drivers of staff cars etc.
by a companymunication dated march 29 1968 he was informed by the companymandant delhi armed police delhi that his name had been approved for enlistment as driver in the delhi police.
32 and has asked us to direct the respondents to give him his due the same as they have given others like him.
hitherto the equality clauses of the companystitution as other articles of the companystitution guaranteeing fundamental and other rights were most often invoked by the privileged classes for their protection and advancement and for a fair and satisfactory distribution of the buttered leaves amongst themselves.
their hours of work were long and inconvenient and there was companystant exposure to security risks.
the petitioner who was an ex gunner driver in the artiliary companyps of the indian army and who was experienced in the driving operation and maintenance of jeeps trucks and heavy armoured vehicles was allowed to retire from the army on companypassionate grounds.
so the petitioner has invoked the jurisdiction of this companyrt under art.
