PURAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court praying for issuing of a writ of mandamus directing the respondents to grant him the admissible pay -scale of a Driver since 22nd of December 2005 i.e. the date since when he is performing the duties of a Driver in the respondent department as also for directing the respondents to consider the claim of the petitioner for promotion to the post of Driver on regular basis.

(2.) IT is the contention of the counsel for the petitioner that the petitioner was appointed as a Water Career (Peon) on 06.01.2000 on regular basis in the office of District Elementary Education Officer, Fatehabad. He was performing his duties satisfactorily and since the petitioner was possessing a driving licence and was a qualified driver and there being a post vacant for a Driver, petitioner was given the responsibility to drive the official vehicle. In support of this assertion, counsel for the petitioner has placed reliance upon the Experience Certificate dated 19.09.2008 (Annexure P -4) issued by the District Elementary Education Officer as also the Experience Certificate dated 28.04.2010 (Annexure P -5). Counsel submits that the petitioner is still performing the duties of the Driver to the satisfaction of the respondents.

(3.) HE has placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Secretary -cum -Chief Engineer, Chandigarh Vs. Hari Om Sharma, 1998 (5) SCC 87 and a Division Bench of this Court in Madan Lal Vs. State of Punjab, 1997 (3) SCT 21 to contend that the petitioner is entitled to the pay -scale of the post of which the petitioner is performing his duties and responsibility.