SATBIR SINGH Vs. CHIEF ADMINISTRATOR, HUDA

JUDGEMENT

(1.) Petitioner seeks issuance of a writ of certiorari quashing the communication Annexure P-6 with a further prayer that respondents be directed to regularise his services as Driver with effect from 1.4.1993.

(2.) Pursuant to the notice of motion issued, separate written statements have been filed by respondents 1 to 3 and by respondent No. 4. Claim of the petitioner has been resisted solely on the ground that he does not possess the minimum qualification for the post of Driver. Precisely for this reason and also taking a compassionate view of the matter, his services were regularised as a Cleaner - a Class D category of post. This way full justice has been given to the petitioner. Thereafter he has now been promoted to the post of Driver with effect from 7.5.1996. As regards the promotion of respondent No. 4 as a Driver, it has been stated that respondent No. 4 has been working in another circle at Hissar. Similar is the stand of the private respondent.

(3.) Factual aspects are not in dispute i.e. petitioner's appointment as a Driver on daily wage basis, regularisation of his services as a Cleaner and finally as a Driver. The only relief sought by the petitioner is that his services as a Driver ought to have been regularised with effect from 1.4.1993. The contesting respondents have placed reliance upon the instructions of the Haryana Government which envisage qualification to be a Matriculate with Hindi and a valid driving licence to drive heavy transport vehicle or a light transport vehicle, as the case may be. Since the petitioner did not possess the requisite qualifications, though had rendered continuous service, initially his claim for regularisation of his services as a Driver was not approved. Rather, on humanitarian grounds he was regularised to the post of a Cleaner. Cleaner is the post which falls in the line of Drivers. This is also the plea of the contesting respondent. Subsequently, he has also been promoted on account of his sufficient experience in the line and his possessing a valid driving licence. Thus, the answering respondents on their own have relaxed the qualification prescribed on account of his long experience and good service record. Services of similarly situated persons have concededly been regularised with effect from 1.4.1993 in view of Government instructions dated 11.5.1994. Merely for the reason that respondent No. 4 is performing the job of a Driver in another Circle, a wing of the Haryana Urban Development Authority is no ground to differentiate between the two. Action of the answering respondents is liable to be set aside on the ground of discrimination. Accordingly, we accept the petition and direct the respondents to regularise the services of the petitioner as Driver with effect from 1.4.1993 and grant all such benefits as permissible under the Rules.