Shakir Ali vs The State of Madhya Pradesh

Alok Aradhe, J.—Heard.

In this writ petition the petitioner, inter alia, seeks a direction to the respondents to make payment of salary and retiral benefits to the petitioner as are payable to Heavy Motor Vehicle Driver from the date of initial appointment i.e. 13.2.1974.

Facts giving rise to filing of the writ petition, briefly stated, are that the petitioner was appointed on the post of Tractor Driver by order dated 28.1.1973 on pay scale of Rs. 195-330/- in Public Works Department. It is the case of the petitioner that even though he was appointed on the post of Tractor Driver, yet the work of Heavy Motor Vehicle Driver was being taken from him. However, the salary of the aforesaid post was not paid to the petitioner. The petitioner thereupon submitted representation on 19.2.1997 to the Executive Engineer, Public Works Department, Raisen in which he sought the relief that salary should be paid to him in the pay scale of Rs. 195-330/-. However, no action was taken on the aforesaid representation. The petitioner superannuated on 30.4.2005. Thereafter, the petitioner filed writ petition on 01.12.2005 before this Court in which he sought payment of salary and retiral benefits as are admissible to person holding the post of Heavy Motor Vehicle Driver.

Learned counsel for the petitioner submitted that even though the petitioner performed the duties of the post of Heavy Motor Vehicle Driver, yet the salary of the aforesaid post was not paid to the petitioner. On the other hand, learned Panel Lawyer for the respondents submitted that the petitioner had never been promoted on the post of Heavy Motor Vehicle Driver. Therefore, he is not entitled to claim salary for the post in question.

I have considered the submissions made by learned counsel for both the parties. From perusal of the service book of the petitioner (Annexure-R-1) it is evident that the petitioner holds the post of Tractor Driver and was being paid the salary in the pay scale of Rs. 195-330/-. The petitioner, admittedly, has not been promoted to the post of Heavy Motor Vehicle Driver. It is the case of the petitioner that since 13.2.1974 the work of the post of Heavy Motor Vehicle Driver was being taken from him, therefore, he is entitled for salary for the said post. However, the petitioner for the first time submitted a representation dated 19.2.1997 i.e. after a period of about 23 years and has approached this Court with regard to his claim after his retirement i.e. approximately after 28 years. It is also pertinent to mention that in his entire service tenure except submitting a representation once on 19.2.1997, there is no document on record to suggest that the petitioner had at any point of time has agitated his claim for payment of salary for the post of Heavy Motor Vehicle Driver. The question whether or not the petitioner had performed the duties of the post of Heavy Motor Vehicle Driver is a disputed question of fact which cannot be gone into in summary proceeding under Article 226 of the Constitution of India. Besides that, the claim of the petitioner suffers from delay and laches.

For the aforementioned reasons, I do not find any merit in the writ petition. The same fails and is hereby dismissed.