(1.) The present writ appeal arises out of the judgment and order dtd. 8/12/2021 passed by the learned Single Judge in W. P(C) No. 210 of 2018 directing the State-respondents to provide to the appellant the minimum basic pay and allowances of driver following the principle of equal pay for equal work.
(2.) The factual background of the case is as under:
(3.) In their counter affidavit, the State-respondents asserted before the learned Single Judge that even though the appellant-petitioner was initially appointed as a Peon by issuing the appointment order dtd. 24/5/1006, the appellant-petitioner having knowledge of driving his services were utilised as a driver instead of utilising his services as a Peon. Therefore, the appellant-petitioner through representation claimed promotion to the post of driver in terms of Tripura Government Vehicles Drivers Services Rules, 1979 (hereinunder referred to as 'the TGVDS Rules, 1979') whereunder 30% of the vacancies were reserved for regular Group-D employees. The respondent also asserted that the appellant petitioner was arrested by police on the charge of fraud and departmental proceedings were also drawn up against him by his disciplinary authority. During pendency of the departmental proceedings he was placed under suspension. It was pleaded by the respondents in their counter affidavit that after the departmental inquiry against him was over, name of the petitioner was forwarded to the transport department for conducting practical test in driving with a view to consider his candidature for promotion to the post of driver in terms of the TGVDS Rules, 1979. It was further pleaded by the respondents that the appellant cannot claim promotion to the post of driver as a matter of right.