S DAMODHARAN Vs. DIRECTORATE OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) THIS writ petition is filed to issue a Writ of Mandamus to direct the respondents to permit the petitioner to continue the service as L & D driver in the 2nd respondent Municipality and pay back all the service and monetary benefits for the service of L & D driver from 25.5.2001.

(2.) THE petitioner in this case joined the services of the second respondent -Municipality as a driver. After certain period of service, he was asked to perform the duty of driving the heavy vehicle more particularly, L & D vehicles. One such vehicle is called as JCB-bulldozer. It is not in dispute that on and from 25.05.2001, the petitioner is performing his duty as L & D vehicle driver and operating the JCB for which, written order has been issued by the second respondent. THE petitioner also underwent a test to drive JCB Vehicles on 06.11.2001 and a certificate has also been issued by a private organisation. THE second respondent noticing that the driving licence did not have an endorsement by the competent authority to drive the L & D vehicle more particularly JCB- bulldozer, did not permit the petitioner to drive the JCB vehicle, which prompted the writ petitioner to approach this Court as his request went unheeded.

(3.) THE first part of the relief sought for by the petitioner i.e. to allow him to continue as L & D driver in the second respondent municipality is not disputed by the second respondent and it is fairly stated that he is continuing as L & D driver. THErefore, the only other issue remains to be considered is whether the petitioner is entitled to monetary benefit in respect of the services rendered by him as the driver of L & D vehicle including JCB-bulldozer.