ASHOK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Indrani Sen Choudhary, learned counsel for the petitioners and Mr. Prabhat Kumar Sinha, learned counsel for the respondents.

(2.) The petitioners have preferred this writ petition for fixing the pay scale in the pay scale of Rs. 3050-4590 with corresponding 6th pay revised scale of Rs. 5200-20,200.

(3.) The petitioners have been appointed as Grade-IV employees (peon) in the Rural Development Department (herein after referred as "the Department"?) by its duly constituted Selection Committee in its resolution dated 02.05.1988 (annexed as Annexure-1 to the writ petition). It was also decided that the preference for appointment will be given to the persons who are having knowledge of driving and possessing the existing driving license. The petitioners have fulfilled the criteria and selected and panel of 100 successful candidates was prepared on 16.08.1988. The petitioners have been appointed on temporary basis as peon in Class-IV posts and all of them joined the service in September, 1988 and subsequently their service has been confirmed vide order dated 16.02.1999. After reorganization of the State, the services of the petitioner have been placed with the State of Jharkhand. It is contended by the learned counsel for the petitioners that all the petitioners have been appointed in Class-IV post but they are continuously working as driver. Learned counsel for the petitioners further submits that both the posts are Class-IV Post in nature. Relying on Annexure-2 series, which is the certificate issued in favour of the petitioners that they are driving the vehicles of the department. The revised 6th Pay Scale for peon is Rs. 2650-65-3300-70-4000 and Rs. 4400-7440 respectively while for Driver it is Rs. 3050-75-3950-80-4590 and Rs. 5200-22,000 respectively. The petitioners are drawing the pay scale of peon as Rs. 4400-7440. It is contended that the petitioners are working in the department with effect from September, 1988 as driver. She further submits that no gradation for Class-IV of the employees is prepared. She submits that one Mundrika Singh has been granted the promotional Scale from Peon to Driver by the Department in the erstwhile State of Bihar vide order dated 16.10.1995. The said Mundrika Singh was peon and after that he becomes driver in higher revised pay scale and the petitioners are discriminated by the Department. She further contends that in view of the judgment of Supreme Court rendered in in the case of State of Karnataka Vs. Uma Devi reported in 2006 (4) SCC 1, the Cabinet Secretary and Coordination Department, Government of Jharkhand call for list of daily wage employees from each Department vide letter dated 12.02.2008. The Department pursuant thereto on 18.03.2008 sent the list of three persons on 18.03.2008 showing the details of their employment. In that the name of Sri Vidyanand Upadhyay and Sri Ambar Kumar Sinha shown working as driver in the Department on daily wage basis since 26.09.2003 and 16.047.2004 respectively i.e. for about 6 / 7 years back. By order dated 18.07.2009 (Annexed at Annexure-7 to the writ petition) regularized the service of the above named two persons as driver and given them higher pay scale ignoring the long standing existing demand of the petitioners for the payment of driver's scale. She further submits that the petitioners have filed several representations before the authorities but no decision has been taken in this regard.