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Judgment
R.C. Gandhi, J.—Petitioners by means of this petition seek the issuance of a writ of mandamus commanding the respondents to confirm
them as drivers with effect from 22.10.1988 and to grant the benefit of arrears of salary in the payscale of Rs. 12002140. They further seek the
determination of their seniority after treating them as drivers with effect from 22.10.1988.
The petitioners while working as cleaners, have been promoted temporarily as drivers under Order No. JKSRTC/EC1/3211 dated
22.10.1993, issued by the Executive Director, SRTC, in the payscale of Rs. 8101750 plus COLA as admissible under the Corporation Rules,
with the stipulation that their regularisation in the payscale of drivers will be considered after they get their driving licenses converted into hill
licences. The petitioners have not been promoted by the respondents as they are not possessed of the hill licences. It is also averred in the petition
that the State Transport authorities have lifted the condition of possessing hill licence and the stipulation contained in the order dated 22.10.1993
for consideration of the petitioners for promotion to the post of driver after they produce hill licence, is arbitrary and against law. Learned counsel
has also produced in the court photostat copy of the certificate, issued by the Registering and Licensing Authority created under the Motor
Vehicles Act, 1988, to the effect that under the new Motor Vehicles Act and the Rules framed thereunder in 1992, there is no mention of driving
licence to be issued for hill or plain routes and the driving licences issued after the enforcement of the new Act and the Rules, are valid throughout
the country and that the licences issued before the enforcement of the new Act and the Rules, also fall in the same category.
Respondents have filed objections stating therein that as per Rules, it is prerequisite condition for every driver to possess a valid driving licence
of hilly area and because of the fact that at the relevant time of temporary promotion of the petitioners since they were only having licences for plain
routes, therefore, they could not be considered for promotion. However, the regularisation/promotion of the petitioners is subject to the availability
of vacancies and the seniority, merit and fitness. It is further stated that it is nowhere stated by the petitioners that from which date the condition of
hill licence has been withdrawn, therefore, they are not entitled to be promoted.
The petition is admitted to hearing and taken up for disposal at the joint request of learned counsel for the parties at this stage as pleadings are
complete.
I have heard learned counsel for the parties and perused the record.
It is not denied by Mr. Nanda, learned counsel for the respondents that after the coming into force of the Motor Vehicles Act, 1988 and the
Rules framed thereunder in 1992, there is no provision for issuance of the licences by the Registering and Licensing Authority for plain/hilly area.
The certificate issued by the said Authority referred to above has also not been disputed by Mr. Nanda. The petitioners are, no doubt, entitled to
seek consideration for the post of driver as they have been working as such being placed in the payscale of Rs. 8101750 under order dated
22.10.1993 from which date petitioners are seeking their promotion and regularisation. Once it is established that under the new Act and the Rules
framed, there is no provision for issuance of the hill licence, the respondents cannot place such a stipulation rendering the petitioners ineligible
seeking consideration for promotion. The condition imposed is found arbitrary and not based on any provision of law or the rules meant for the
purpose.
However, the submission of Mr. Nanda that the petitioners shall be considered for promotion according to the merit, seniority, suitability and
subject to availability of posts, has force as promotion of the petitioners can only be against the vacancies.
The petition is accordingly disposed of with a direction to the respondents to consider the petitioners for promotion to the post of driver, without
insisting upon the production of hill driving licence, according to their seniority, merit and suitability, provided the vacancies are available for
promotion. In case the vacancies are available as on the date of promotion of the petitioners under Order dated 22.10.1993, they, if found fit and
clearned by the DPC for promotion, shall be given benefit of promotion in the payscale of driver from the date of said order, by the respondents.
No order as to costs.