N KADAR Vs. UNION OF INDIA

JUDGEMENT

(1.) I have had the benefit of going through the draft judgment of my learned brother Justice Soumitra Sen, I fully agree with his Lordship's order and the reasons. However, I want to add a few words of my own in the manner as follows : In this case whether the administration has any constitutional basis to mete out the discrimination to the writ petitioner not treating him at par with other drivers, under the same administration or not. Under the provisions of the Constitution discrimination based on reasonable classification is always permissible. The petitioner all along has been treated, and in fact, he by his own conduct accepted to be a driver-employee of the factory run by the administration. He has been receiving special pay on account of overtime or other benefit which are not admissible to the staff car drivers so he cannot be treated to be at par with other drivers of the same establishment.

(2.) Therefore, the decision rendered by the learned Tribunal or for that matter of the administration cannot be said to be invalid. My learned brother has recorded in detail and painstakingly the other factual and legal aspects of the matter to which I endorsed my agreement already.

(3.) In this application the petitioner has challenged an order dated 16th September, 2005 passed by the Central Administrative Tribunal.