BUDH SINGH, AGED 56 YEARS, S/O JAGEER SINGH R/O TRAL Vs. STATE OF J&K THROUGH COMMISSIONER/ SECRETARY TO GOVERNMENT LAW DEPARTMENT, CIVIL SECRETARIAT, SRINAGAR/ JAMMU

JUDGEMENT

(1.) - These writ petitions are filed by drivers of this Court (Jammu & Srinagar Wings). Writ petition No.917/2009 was filed praying for issuing writ of mandamus directing the respondents to grant and pay monthly allowance equivalent to two and half days pay retrospectively as granted in favour of drivers working in other Government Departments on the basis of the Government order No.274-H &ME of 1991 dated 04.03.1991 and as approved by the Full Court Resolution dated 29.08.2009.

(2.) In writ petition No.484/2010, the petitioners pray for quashing the Government order No.2101-LD(Lit) of 2009 dated 25.09.2009 and for directing the respondents to grant and pay two and half days pay as monthly allowance retrospectively as granted in favour of drivers working in other Government Departments.

(3.) It is case of the petitioners that they are permanent residents of Jammu & Kashmir State and citizens of India. The petitioners are drivers working in this Court. They do not avail any off day in performance of their duties and they are denied the benefits as are given to the drivers working in similar set of circumstances in other Government departments. The drivers working in other Government departments like Health & Medical Education Department are being paid monthly allowance equivalent to two and a half days pay who too do not avail any off day in performance of their duties. The said position is made clear in the Government order No.274-H &ME of 1991 dated 04.03.1991. The drivers of the High Court of J &K are performing their duties on the same pattern as the drivers of the Health and Medical Education Department and they are also not availing any holiday due to busy schedule of Honourable Judges of the High Court and other officers of the Registry of the Court. On this count, the petitioners jointly submitted a representation to respondent No.2 claiming two and half days pay and allowance as monthly allowance. The said representation was placed before the Full Court and the Full Court in its meeting held on 29.08.2009 approved the demand and accordingly, a proposal was submitted to the Government. As no action was taken by the Government, the petitioners preferred SWP No.917/2009 and this court by an interim order dated 29.06.2009 directed respondent No.1 to take a decision regarding the grant of two and a half days pay in favour of drivers of the High Court pursuant to Government order No.274-H and ME of 1991 dated 04.03.1991.