Judgment:
W.P.No.571/2014 11.02.2014 Shri Amrit Lal Gupta, learned counsel for the petitioner.
It is contended that in terms of the Pay Revision Rules, certain claims were made by the identically placed persons before this Court for grant of appropriate pay scale as they were driving the heavy vehicles of the Government department.
One such writ petition being W.P.No.6849/2009 (Radhelal Patel versus The Director N.C.C.And others).was disposed of by this Court on 3.12.2013, with a direction to the respondents to decide such a representation if made in terms of the Revision of Pay Rules within a specified period.
It is contended that the petitioner is also a driver engaged on driving the heavy vehicles as is certified by the authorities, but is being paid the salary of a light vehicle driver.
This being so, it is contended that the petitioner would also be entitled to the identical direction as was granted in the case of Radhelal Patel (supra).The order passed by this Court in the case of Radhelal Patel (supra) is examined in light of provisions of Annexure-2 Part-B appended with the M.P.Pay Revision Rules, 1983.
For the drivers of the light vehicle slightly lower pay scale is granted, whereas, the drivers of the heavy vehicle have been given the pay scale of Rs.575-880/- with a selection grade pay scale of Rs.635-950/-.
That being so, if the petitioner is engaged in driving a heavy vehicle, he would be entitled to grant of benefit of pay scale prescribed for the post of driver of a heavy vehicle.
In view of the aforesaid, let a representation be filed by the petitioner before the respondents within a period of fifteen days from today along with the relevant documents as also a certified copy of the order passed today.
On receipt of the representation, the respondents will decide the same within a period of three months and communicate the decision to the petitioner.
With the aforesaid, the writ petition is disposed of finally.
Certified copy as per rules.
(K.K.Trivedi) Judge A.Praj.