MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Is the action of the respondents of granting the special pay of Rs. 150/- to the drivers attached to the Ministers and giving Rs. 25/- only to the drivers in the Haryana Roadways violative of Articles 14 and 16 of the Constitution This is the first question that arises for consideration in this writ petition.

(2.) The petitioners are working as drivers in the Haryana Roadways. They are in the pay-scale of Rs. 420-700. They are also being given a special pay of Rs. 25 per month. As against this, the drivers working with the Ministers who are also in the pay-scale of Rs. 420-700 were given a special pay of Rs. 150 per month vide order dated July 3, 1981. The petitioners allege that the action of the respondents in sanctioning special pay at different rates to the drivers is violative of the principle of equal pay for equal work. They consequently pray for the issue of a writ of mandamus directing the respondents to grant them a special pay of Rs. 150 per month with effect from the date it has been given to the other categories of drivers.

(3.) The respondents contest the claim of the petitioners. Besides raising the plea of delay etc., it has been pointed out that the special pay of Rs. 150 has been granted to the drivers in the Ministers' Car Section on account of the specially arduous nature of duties performed by them. It has been specifically pointed out that ''the drivers working in the Ministers' Car Section etc. are expected to be present at their duties for 24 hours whereas the drivers working in the Haryana Roadways are to perform duties for scheduled hours only. Drivers working in Haryana Roadways are governed by Motor Transport Workers Act and Factories Act is also applicable to them. They are also entitled to double over-time for the duties performed beyond eight hours and also entitled to travelling allowance. They were also paid bonus at the rate of 15% of the their pay for the year 1983-84. On the other hand, the drivers in the Ministers' Car Section etc. are not getting any over-time and bonus etc. A statement showing the over-time paid to the drivers of Haryana Roadways, Karnal Depot reveals that ''drivers of Karnal Depot earn at an average Rs. 282/- per month.''