Judgment : 1. The petitioner was appointed as Tractor Driver on NMR basis in the second respondent Town Panchayat on 01.10.1996. His services were regularised on 30.04.1998 with effect from 04.08.1997. He was granted scale of pay of Rs.975-1600. 2. It is not in dispute that the petitioner possessed the requisite driving license as required under the Motor Vehicles Act. 3. While so, the pay of the employees was revised pursuant to the VI Pay Commission's recommendation with effect from 01.01.2006. But the petitioner was not granted the revision of pay on the ground that he did not possess the required qualification viz., pass in 8th standard, which is the required educational qualification for the post of Tractor Driver besides possessing driving license. 4. In these circumstances, the petitioner appeared privately in the ESLC exam conducted during December 2010 and successfully cleared the same. He was also issued with necessary certificate to that effect by the Department of Government Examinations. Even thereafter, he was not granted the revised pay and increments from 01.01.2006. Hence, the petitioner has filed this writ petition, seeking for a direction to the respondents to grant the revision of pay including the annual increments as per the recommendations of VI Pay Commission with effect from 01.01.2006 and also to grant him selection grade pay attached to the post of Tractor Driver with effect from 2007. 5. With the consent of both parties, the writ petition itself is taken up for final disposal. 6. Heard both sides. 7. While the learned counsel for the petitioner has prayed for direction as stated above, the learned counsel appearing for respondents has vehemently contended that since the petitioner did not possess the requisite qualification viz., 8th standard pass at the time of regularisation, regularisation itself was irregular. He has further submitted that an objection was raised at the time of audit for grant of regularisation and direction was also issued to recover the amount paid to the petitioner pursuant to regularisation in the year 1998. 8. I have considered the submissions made by the learned counsel on either side. 9. The aforesaid facts are not in dispute. The service of the petitioner was regularised by an order dated 30.04.1998 with effect from 04.08.1997. It is also not in dispute that the petitioner is in possession of the required driving license. 8. I have considered the submissions made by the learned counsel on either side. 9. The aforesaid facts are not in dispute. The service of the petitioner was regularised by an order dated 30.04.1998 with effect from 04.08.1997. It is also not in dispute that the petitioner is in possession of the required driving license. It is also not the case of the respondents that the petitioner suppressed the fact for grant of regularisation. It is relevant to note that the order regularising the service of the petitioner is still in force and the same is not withdrawn. Even the audit objection produced before this Court was not served on the petitioner. 10. The aforesaid facts makes it clear that the respondents are not correct in refusing the pay revision from 01.01.2006 when the service of the petitioner was regularised with effect from 04.08.1997 itself. Now the petitioner has also passed 8th standard in December 2010. It is a different matter if the petitioner does not possess the qualification viz., driving license. In that case, the respondents have no other option but to terminate the service of the petitioner, since it is a mandate under the Motor Vehicles Act that a driver should possess driving license. But in the case of educational qualification, the same can be relaxed. In fact at one point of time, there was no prescription of educational qualification for drivers. 11. Hence, the respondents are not justified in refusing the revised pay to the petitioner from 01.01.2006 on the ground that the petitioner did not pass 8th standard, particularly when he passed 8th standard in December 2010 itself. 12. In the facts and circumstances of the case, I am of the view that the petitioner is entitled to succeed. Accordingly, the writ petition is disposed of, directing the respondents to give the revision of pay including the annual increments to the petitioner for the post of Tractor Driver based on the recommendation of VI Pay Commission with effect from 01.01.2006. The respondents are also directed to pay the monetary benefits within a period of eight weeks from the date of receipt of a copy of this order. No costs.