ZILE RAM Vs. REGISTRAR DELHI HIGH COURT

JUDGEMENT

(1.) The petitioner is a Staff Car Driver in the establishment of the Delhi High Court. This is a Class III post and prior to the Fourth Pay Commission Report staff Car Drivers, Despatch Riders and Lower Division Clerks as well as Restorers being paid the pay scals of Rs. 250-350. Thereafter, a writ petition was filed and the pay scals of the Restorers and the L. D. Cs. was raised to Rs. 400-6OO, following the pay scale which was being paid to their counter part in Punjab & Haryana High Court. Thereupon Civil Writ No. 2402/86 was filed by a Despatch Rider of this Court and that writ petition was allowed and the pay of Despatch Rider was directed to be fixed in the scale of Rs.400-600 similar to the pay of the Restorers and L..D.Cs,which had been revised after this Court's order. The post of the Staff Car Driver being equi- valent to Restorers, L.D.Cs., Despatch Riders etc , this Court in another writ petition No. 2402/86; entitled Hem Rej v. Union of India vide order dated 6th February 1987 and also in Civil Writ No. 1655/87 entitled Baldev Raj v. Union of India vide order date 20th August, 1987 directed that the pay scale of the Staff Car Driver's will also be on the same fooling as that of the Despatch Riders, L.D.Cs. and Restorers. The pay scale of the staff Car Drivers was directed to be fixed at Rs. 400/600.

(2.) . After the Fourth Pay Commission Report the Chief Justice of this Court wrote to (he Government Requiring the revision of the pay scales vide letter dated 6th December, 1988. The Government accepted the recommendations in most of the cases, but in respect of the employees like the petitioners as well as restorers ect. Who were drawing the pay in the scales of Rs. 400/600 and less no decision was taken by the Government.Thereupon a went petitioner was filed in this Court by the Restorers and L.D.Cs being Civil Writ No.3462/69, entitled Rohtas Kumar v. U.O.I. vide Judgement dated 9th October,1990 the writ petition was allowed and the Government was directed to fix the pay of the Restorers and L.D.Cs. in the revised pay scale of Rs. 1350-2.00.

(3.) . It is evedent from the aforesaid facts that the pay scale of the petitioner who is a Staff Car Driver cannot be diffrent from the pay scale of L.D.Cs.and Restores .This has been so held in the earlier decision of the Court and it is on this basis that the Government itself and or and originally fixed the scale of it is on the basis Staff Car Drivers in the grade of Rs.250-350.The petitioner, in order words, has been having the same scale as that of the Restorers, L.D.Sc, and Senior Gestether Operators.All these posts are equal status post,though as per the rules they are not interchangeable posts. In order words, as of right, as at present advised, the Staff Car Drivers cannot be regarded as being a person who is entitled to be post:ed as an L,D.C or a Restorer even though in the present writ petition a claim to this effect has been made. Ms Rohtagi, however, states that he does not agitate this contention at his stage and he is restricting the scope of this writ petition only to his claim for a salary at par with that of the Restorers and the, Lower, Division,Clerk. As the post of staff Car Driver is an equal status post with that of Lower Division Clerks and Restorers following our decision in Rohtas Kumar's case, we --issue a writ of mandmus directing the government to fix the pay of the petitioner and the order staff Car Drivers of this court in the revised pay scale 1350-30 1440- 40-180O-EB-50-220O in accordance with the Central Civii Services (Revised pay) rules, 1986. This pay should be fixed by the Government with effect from 1st January,1986 and the said fixation should be done within two months from today and arrears, if any,.be paid to the.petitioner and other Staff Car Drivers within one month thereafter. The petitioner will be entitled to costs. Counsel fee Rs. 1000.00 .