CWP No. 5987 of 1985 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5987 of 1985 (O&M) Date of Decision: May 20, 2010 Balbir Singh and others ........Petitioners Versus The State of Haryana through Commissioner & Secretary to Govt. Haryana, Finance Department, Chandigarh etc. .....Respondents CORAM : HON'BLE MR. JUSTICE PERMOD KOHLI. Present: None for the petitioners. Mr. R.S. Kundu, Addl. A.G. Haryana. PERMOD KOHLI, J. This petition was earlier disposed of vide order dated May 28, 2001 by Lok Adalat-I on merits. After disposal by the Lok Adalat-I, a civil misc. application No.30468 of 2001 was filed on behalf of the State of Haryana praying for deciding the case on merits by setting aside the orders passed by the Lok Adalat-I dated 28.5.2001 as the same was not based on a compromise or settlement between the parties. This application is now be listed for disposal. I have perused the order dated May 28, 2001, passed by the Lok Adalat- I. Admittedly, this order has been passed on merits and not by any mutual settlement or compromise between the parties. The order is not sustainable in law, the same is hereby set aside. The petitioners were working as work-charged car/jeep Drivers in the offices of respondents. It is stated that the petitioners are getting yearly CWP No. 5987 of 1985 (O&M) 2 increment as well and they are performing the same duties as regularly appointed car and jeep drivers. It is stated that petitioners are performing the duties 9 hours and more, i.e. beyond the normal duties by which overtime allowance was recommended by the Pay Commission in the year 1980. On the basis of recommendations of the Pay Commission, a Circular dated 20.7.1981 was issued for announcement of the overtime allowance to all the categories of Drivers working in the different departments of the Government at the rate of one rupee per hour subject to a maximum limit of Rs.100/- per month. This Circular was followed by another Circular dated 11.1.1982 announcing the overtime allowance from Rs. 100/- to Rs. 150/- for the Peons, Jamadars and Drivers. The State issued another Circular dated 4.4.1985 whereby instead of overtime allowance, Special Pay was proposed at the rate of Rs. 100/- per month for the car/jeep Drivers working in the offices of the Head of the Department and Rs.50/- per month for the Drivers working in the field offices. This Special Pay was proposed to be paid w.e.f. 1.4.1985. Petitioners claimed his benefit of Special Pay which was denied to them vide impugned letter dated 10.9.1985 on the ground that Special Pay is not payable to the work-charged Drivers. It is against this communication (Annexure P-4), the present petition has been filed seeking quashment of the letter dated 10.9.1985 with a further direction for the payment of Special Pay to the petitioners. Respondents No. 1 to 7 in the reply admitted that there are two categories of Drivers, working on regular basis and those on work-charged basis. It is also admitted position that they are performing the similar nature of duties. It is, however, denied that the work-charged Drivers and regular employees are entitled to similar treatment. According to the respondents, the work-charged Drivers are CWP No. 5987 of 1985 (O&M) 3 recruited on temporary basis against a particular work and their salaries are also charged to the estimate of work against which they are appointed, whereas regularly appointed Drivers, are paid from the consolidated budgetary fund. I have heard learned counsel for the parties. The status of the petitioners as that of a work-charged employee is not disputed in any manner. This petition was decided, however, the Lok Adalat having decided the petition on merits, the order stands set aside. The fact remains that State has created two classes of Drivers. The petitioners are working only on temporary basis but the fact is that they are discharging duties similar to regular drivers and also working overtime. The Government policies do not make any difference or distinction between the work-charge Drivers and regularly appointed Drivers. Special Pay is meant for all, whosoever is performing his duties beyond the duty hours. One fails to understand as to why the work-charge Drivers be denied the emoluments and allowances as the nature of duties is same and they are required to work in the same manner. In view of the above, this petition is disposed of with a direction to the respondents to grant Special Pay to the petitioners and the claim of the petitioners be determined and settled within a period of four months. The arrears shall be restricted to a period of 38 months from the date preceding the filing of writ petition. (PERMOD KOHLI) May 20, 2010 JUDGE Anand