ABHEYRAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who was earlier working as a driver with Haryana Roadways, Jhajjar, has filed this petition for fixation of his pay in the scale meant for drivers, even though he has been adjusted as a Water Carrier in the pay scale of Rs.2550 -50 -3200 due to a disability suffered by him during the course of his employment.

(2.) THE petitioner was appointed as a driver on 10.12.1993 on contract basis. His service were regularized on 10.12.1994. On 17.11.1999, a bus driven by him met with an accident which led to amputation of his left arm. He suffered multiple injuries, but was fortunate enough to survive. After recovering from injuries, the petitioner joined his duty. Since the petitioner has suffered this handicapped, General Manager, Haryana Roadways recommended case of the petitioner for adjusting him on the post of Clerk, which has fallen vacant on 30.11.2000 on the retirement of one Jaipal Singh. This could not be done but the petitioner continued to perform light duties assigned to him. Petitioner was informed by respondent No.3 that a post of Water Carrier was available and if he was willing to join the same, a consent letter be sent. The petitioner gave his consent and thereafter submitted his joining report on 22.3.2004. He was accordingly adjusted on the post of Water Carrier which carries a pay scale of Rs.2500 -3200. As a driver, the petitioner was drawing salary in the pay scale of Rs.4000 -6200. His basic salary in the year 2004 was Rs.4700/ -. When the petitioner was paid reduced pay scale after appointment as a Water Carrier, he naturally felt aggrieved. The petitioner accordingly filed the present writ petition saying that this order is arbitrary and discriminatory.

(3.) THIS writ petition was admitted on July 26, 2004. Subsequently, written statement was filed on behalf of the respondents. The respondents have opposed the prayer made by the petitioner. In the reply it is disclosed that the petitioner was found unfit for the post of driver once he met with an accident. He was adjusted on the duty as a Yard Master, but ultimately was retired from service being medically unfit. Subsequently, the petitioner was appointed on an alternative job of Water Carrier in terms of instructions dated 20.8.1992. As per the respondents, the pay of the petitioner has been rightly fixed in the pay of scale meant for the job of Water Carrier.