MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) These five writ petitions rake up identical controversy concerning the pay structure admissible to Drivers/Conductors recruited in Haryana Roadways and hence all these cases were heard together and are now being disposed of by this common judgment.

(2.) The Haryana Government initially framed the rules called 'Haryana Transport Department (Group-C) Haryana Roadways Service Rules, 1995' to regulate the service conditions of Group-C staff recruited in the Haryana Roadways. These rules were amended in the year 2003 and published vide notification dated 4th August 2003. The amended rules were known as 'Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment) Rules, 2003'. By way of amendment, a provision was inserted as per which all the drivers were to be appointed initially on a fixed salary of Rs.3000/- per month. After two years, the pay was to be increased to Rs.4,000/- per month and when these Drivers had satisfactorily performed duties for two years drawing the salary of Rs.4,000/-, they become entitled to be placed in the pay scale of Rs.3050-4590/-. After serving two years in that scale, the Drivers were to be given regular pay scale meant for the post of Drivers i.e. Rs.4000-6000/-. In the same manner, Conductors were to be appointed initially on daily-wage basis and given the normal scale only after six years.

(3.) It is pertinent to mention that the Drivers/Conductors are inducted in service after undergoing the selection process conducted by the Subordinate Services Selection Board/Haryana Staff Selection Commission. Their qualifications, responsibilities and duties are also the same as that of regular Drivers/Conductors. It is also worth noticing that in the year 2004 the Government of Haryana further amended the rules known as 'Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment) Rules, 2004' and thereby words 'Daily Wages basis' were added along with words 'contract basis' to amend the nature of the posts. In the year 2011, yet another amendment was made in the rules of 1995 and the amended rules were notified as 'Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment) Rules, 2011' whereby the number of pay scales admissible to the Drivers/Conductors on completion of specified years of service, as noted above, was reduced to three instead of four besides certain other amendments. The precise rules, in the context of present controversy, read as under: