STATE OF GUJARAT Vs. YUSUFBHAI Y. GHANCHI

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The respondents are original petitioner. They filed Special Civil Application No. 3751 of 1982 for an appropriate writ, direction or order for quashing and setting aside fixation of pay scale of work-charged drivers (petitioners) as per Annexure-E at Rs. 260-400 being violative of Articles 14 and 16 of the Constitution of India and by directing the authorities to fix their salary at Rs. 290-480 with effect from June 1973 and to grant all consequential benefits on that basis.

(3.) The case of the petitioner as narrated in the judgment of the learned single Judge was that they have been employed as truck drivers of heavy vehicles in Building & Construction Department (PWD). Initially they were getting pay scale of Rs. 130-240 and on the said basis, they were entitled to pay scale of Rs. 290-480. Driver in other Departments who were similarly situated with the petitioners were getting pay scale of Rs. 290-480 such as, Director of Agriculture, Director of Animal Husbandry, etc. The petitioners, however, were denied pay scale of Rs. 290-480 and lesser salary was paid? to them of Rs. 260-430. They relied upon the Report of the Second Pay Commission; Chapter 22 thereof deals with work charged employees. At page 1, at Sr. No. 47 truck drivers's salary was fixed at Rs. 290-480 who were in the pay scale of Rs. 130-240. Reliance was also placed on Government Resolution dt. October 20, 1975, and on that basis, the petitioners contended that they were entitled to pay scale of Rs. 290-480. Attention of the court was also invited to the revision of pay Rules, 1975 under which they would get pay scale of Rs. 290-480.