IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:30.9.2008 CORAM; THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.NOs.4288/2008, 4290/2008, 13524/2008, 4254/2008, 4255/2008, 4256/2008, 4257/2008, 33874/2007, 2865/2008 and M.P.No.1/2008 in W.P.No.4288/2008, M.P.No.2/2008 in W.P.No.4290/2008, M.P.No.2/2008 in W.P.No.13524/2008, M.P.No.2/2008 in W.P.No.4254/2008, M.P.No.2/2008 in W.P.No.4255/2008, M.P.No.2/2008 in W.P.No.4256/2008, M.P.No.2/2008 in W.P.No.4257/2008, M.P.No.1/2007 in W.P.No.33874/2007, M.P.No.2/2008 in W.P.No.2865/2008 W.P.No.4288/2008 1.V.Mariappan 2.S.Murugan 3.K.Vijayarajan 4.S.Veeraputhiran 5.V.Sundaram 6.P.Joseph 7.R.Prakasam 8.K.Abdul Jaffer ..Petitioners WP.No.4290/08 : 1 V. RAMASWAMY 2 A. VIJAYAKUMAR 3 S. MURUGAN 4 V. RAMAKRISHNAN 5 G. KRISHNAN 6 S. KUMARESAN 7 M. DAVID WP.No.13524/08 : 1 P. VIJAYA KUMAR 2 T. DEENADAYALAN 3 V. NATARAJAN 4 P. MANI https://hcservices.ecourts.gov.in/hcservices/ 5 J. ALEXANDER JOSEPH 6 AYYANAR 7 M. AZHAGU PILLAI 8 R. KRISHNASAMY 9 P. SHANMUGAM 10 E. BAKYADAS 11 T. GEORGE 12 S.D. SIMPSON 13 D. SASIKUMAR 14 R. RAMAN. 15 K. BALAKRISHNAN 16 R. NATARAJAN 17 S. MURUGAN 18 M. JOHN THOMAS BENZIGAR 19 T. MOHAN MUTHULINGAM 20 A. MARIDASAN 21 P. CHANDIRAN 22 K.V. CHANDIRAN 23 BALAKRISHNAN 24 M.K. RANGARAJAN 25 R. VELLIANGIRI 26 C. PALANISAMY 27 M. UTHUMAN LABAI 28 J. RAJU 29 S. ARUMUGAM 30 D. GOPALAKRISHNAN 31 J. SEBASTIAN 32 B. SHANMUGA SUNDARAM 33 K. SELVARAJ 34 S. RAJAKUMARAN 35 S. SINGARAVELU 36 G. XAVIER 37 V. KARUPPAIYAN W.P.4254/2008 1 K.S.BARAKATHULLA 2 P.SELVARAJ 3 D.KUMARAVEL 4 K.VELAYUTHAM 5 S.SELVADOSS 6 N.RAMAKRISHNAN 7 D.AROKIYAM ..Petitioner W.P.4255/2008 1 M.K.SINGARAM 2 P.KUNJUKRISHNAN https://hcservices.ecourts.gov.in/hcservices/ 3 C.K.MUKKAIAH 4 K.RAJU ..Petitioner W.P.4256/2008 1 G.ISAKIMUTHU 2 K.SUBRAMANIAN 3 S.SANKARALINGAM 4 R.KANNAN 5 I.S.VELU 6 G.NATARAJAN 7 P.CHOKALINGAM 8 S.CHELLAPPA ..Petitioner WP.No.4257/2008 1 K.SINGARAJ 2 S.MURALI 3 A.JAYAMANI 4 N.MUTHIAH 5 P.PAULRAJ W.P.33874/2007 R.Arumugam CT Amended as per order dated 2.11.07 by KKJ in MP.2/07 in WP 333874/07 W.P.No.2865/2008 1 K.SAHADEVAN 2 G.MANI 3 R.KANNAN 4 M.ELUMALAI 5 S.P.RAJAN 6 R.VIJAYAN 7 K.RAMAKRISHNAN 8 G.SELVARAJ 9 V.SUKUMARAN 10 A.ABDUL JAFAR 11 J.IYAPPAN 12 K.NARAYANAPERUMAL 13 P.SWARMMAPPAN 14 C.A.J.CHANDRAMOHAN https://hcservices.ecourts.gov.in/hcservices/ 15 K.SUKUMARAN NAIR 16 S.KOCHUKUNJAN 17 Y.ANDERSON 18 S.MURUGAN 19 S.VALLINAYAGAM 20 M.DURAISAMY 21 R.K.SUNDAR RAJAN 22 R.MANICKAM 23 A.SAKTHIVEL 24 B.PAZHANISAMY 25 S.SREEDHARAN 26 K.BALU 27 M.MOHAMED ANWAR 28 A.MANIMARAN 29 C.MANICKAVASAGAN 30 SAHUL HAMEED 31 P.KANNAN 32 P.SANTHANAM 33 V.MURUGESAN 34 R.MUNIYANDI 35 M.GOPINATHAN 36 V.RAJENDRAN 37 L.AMEER BATCHA 38 A.RATHAKRISHNAN 39. N.Kamatchi 40.A.Alphones 41.N.Karmegam 42.A.William 43.K.Palinisamy 44.M.Muthuramalingam 45.S.Babu 46.K.Raju 47.J.Jayaselvam 48.P.Ramakrishnan 49.B.Kandan 50.S.Thirumal Kumar 51.M.Sayeed Ali 52.S.Manidasan 53.V.Chandrasekar 54.A.Jambu 55.K.Damodaran 56.K.Kandasamy 57.N.Thangaraj 58.M.K.Thambu 59.N.Jayaraman 60.K.Balakrishnan 61.M.Ramachandran 62.S.Velliangiri 63. S. Kesavan https://hcservices.ecourts.gov.in/hcservices/ 64.D.Ragupathy 65.S.Nagarathinam 66.C.Thiyagarajan vs. 1.The State of Tamil Nadu rep. by its Secretary Finance (Pay Cell)Dept., Fort St.George Chennai 9 2.The State of Tamil Nadu rep. by its Secretary Personnel and Administrative Reforms Department Fort St.George Chennai 9 ..respondents Writ Petition No.4288 of 2008 is filed under Article 226 of the Constitution of India for the issue of writ of Certiorarified Mandamus I. calling for the records relating to the proceedings made in first respondent's letter No.63685/CMPC/2006-1 dated 1.10.2007 quash the same and consequently direct the respondents to extend appropriate revised scale of pay of Selection grade and Special Grade at Rs.5,000/- and R.5,5000/- respectively to the petitioner drivers from 1.1.1996. (W.P.Nos.4288/08, 13524/08, 4254/08, 4255/08, 4256/08, 4257/08. II. calling for the records relating to the proceedings made in first respondents Letter No. 63685/CMPC/2006-1 dated 1.10.2007 to quash the same and consequently direct the respondents to extend appropriate revised scales of pay in so far as selection Grade and Special Grade Drivers are concerned forthwith. (W.P.33874/07) III. to call for records relating to the proceedings made in first respondent s letter No.63685/CMPC/2006-1 dated 1.10.2007 to quash the same and consequently direct the respondents to extend appropriate revised scales of pay in so far as selection grade and Special Grade Drivers to the petitioners are concerned forthwith. (W.P.2865/08) for petitioners in W.P.Nos.4288/2008, 4290/2008,13524/2008 and 4254 to 4257 of 2008 : Mr.K.V.Ananthakrishnan https://hcservices.ecourts.gov.in/hcservices/ for petitioners in W.P.Nos.33874/2007 and 2865/2008 : Mr.L.Chandrakumar for respondents in all the W.Ps : Mr.P.Muthukumar, Government Advocate (R1 and R2) ORDER Heard both sides. 2. The respondents have filed counter. 3. These writ petitions are directed against the letter of the first respondent dated 1.10.2007. The said letter itself came to be issued by the Secretary to Government pursuant to the direction given by this Court in W.P.No.34800/2006. It is seen that the Tamil Nadu Government Department Drivers’ Central Association represented by its General Secretary, R.Arumugam has earlier filed the abovesaid Writ Petition to set aside the order of the second respondent 25.4.2006 by which the second respondent has rejected the claim of the said association of drivers to follow the benefits given by the Government in G.O.Ms.No.162, Finance (Pay Cell) Department dated 13.4.1998 in respect of payment of salary to the drivers working in the various Government Departments by conferring the mere basic pay to the selection grade and special grade drivers. In the said writ petition taking into consideration that the writ petition has been filed by the association and therefore, the members of the said petitioner association can make individual representations based on the G.O.Ms.No.162, Finance(Pay Cell) Department dated 13.4.1998 and thereupon directed the respondents therein to pass appropriate orders. Pursuant to the said direction, individual drivers have made representations to which present impugned letters have been given by the 1st respondent on 1.10.1997, denying the right conferred to the drivers in the various Government Departments by fixing the basic pay of Rs.5,000/- and Rs.5,500/-to the selection grade and special grade drivers respectively. The first respondent relies upon the letter of the Finance (P.C.) https://hcservices.ecourts.gov.in/hcservices/ Department, dated 31.12.1998 stating that the drivers in the ordinary grade are entitled for the pay at the rate of Rs.3,050/- and therefore, as per schedule II of G.O.Ms.No.162, Finance (Pay Cell)Department, dated 13.4.1998 conferring selection grade and special grade such drivers would be entitled for Rs.4,000/- as basic pay in the selection grade and Rs.4,300/- as basic pay in the special grade and by mistake, the same has been fixed as Rs.5,000/- and Rs.5,500/- respectively by wrongly taking into consideration the basic pay of drivers in the ordinary grade as Rs.4,000/-. This is also the stand taken by the respondents in their counter affidavit. 4. A reading of the G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998 makes it clear that the purpose of the Government Order is to confer the enhanced basic pay in the selection grade as well as special grade level since there is stagnation for want of any promotional avenues. In fact, while explaining about the pay fixation as per G.O.Ms.No.162, dated 13.4.1998 the Government has taken into consideration while fixing the pay scale as it is seen in para 3(b) of the G.O. “(b) Appendix-II to this order gives the detailed fitment tables for various existing scales of pay based on the formula prescribed which is given in the Tamil Nadu Revised Scales of Pay Rules, 1998. There shall be no deviation from the fitment tables, wherever available, while fixing the pay in the revised scale. There are certain cases in which the pay of employees drawing personal pay cannot be fixed as per the fitment table. However, the pay of such employees can be fixed according to the Rules, for which illustrations are given in Schedule-III to Tamil Nadu Revised Scales of Pay Rules, 1998. The pay fixing officer shall, after verifying the revised scale with reference to the existing scale given in the Schedule-I to the Tamil Nadu Revised Scales of Pay Rules, 1998 refer either to the fitment table or to the illustrations and fix the pay in the revised scales of pay with reference to the existing stage in the present scales of pay.” Ultimately, the benefit of selection grade and special grade has been given to these drivers by taking into consideration that there is no promotional avenues for them and a higher scale of https://hcservices.ecourts.gov.in/hcservices/ pay has been fixed as per Schedule II. Under Schedule II, the case of the petitioner is that the ordinary scale of pay of drivers in various Government Departments was Rs.4,000-100-6,000. By virtue of the enhancement under the said G.O., for the selection grade the pay is Rs.5,000-150-8,000 and for the special grade, it is Rs.5,500-175-9,000 as seen in item No.8 of Schedule II. 5. On the other hand, the respondents’ case is that the basic pay of drivers in various departments as per item No.5 is Rs.3,050-75-3,950-8—4590 and for the selection grade it should be Rs.4,000-100-6,000 and for special grade it should be Rs.4,300- 100-6,000. 6. It is pointed out by the learned counsel for the petitioners that pursuant to the said G.O.Ms.No.162, Finance (Pay Cell) Department dated 13.4.1998 in respect of the drivers in various Government Departments including the Public Health Department etc, the enhanced pay has been fixed to the selection grade drivers at Rs.5,000/- as per Schedule II item No.8. The same has been followed in respect of Revenue Department also by enhancing the said pay fixation that has been made to the selection grade and special grade drivers. It is also seen that in the proceedings of the Block Development Officer (Union) Vadipatti, dated 3.12.98 such enhanced fixation has been made based on G.O.Ms.No.162, Finance (Pay Cell)Department dated 13.4.1988. Similar is the case in respect of the drivers working in the Agricultural Department also as it is seen in the proceedings of the Secretary, Madurai Agricultural Marketing Committee dated 14.12.1998. In all these cases where the drivers from various departments were given enhanced pay is not denied by the respondents. But in the counter affidavit the only reply is that in those departments the enhanced pay has been made as per G.O.Ms.No.162, Finance (Pay Cell) Department dated 13.4.1998, later when it was realized that some mistake has crept in the fixation of ordinary scale of pay as Rs.3,050/- the same has been taken into account as Rs.4,000/- Therefore, the Government has issued a clarification on 31.12.1998 directing all the Departments to follow the ordinary scale of drivers as Rs.3,050/- and pursuant to that pay selection grade and special grade. On the other hand, it is the categoric admission by the learned counsel for the respondents that the amount already paid to the drivers of various Departments continued to remain the same. In the impugned letter of the first respondent, the first respondent has chosen to state as if the Government order in G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998 has been explained by a letter of the Government dated 31.12.1998 which cannot be accepted. Unless and until G.O.Ms.No.162, Finance (Pay Cell) Department dated 13.4.1998 is modified or superceded in the manner known to law, it is not https://hcservices.ecourts.gov.in/hcservices/ open to the first respondent or any other official to clarify, especially, in the circumstances that G.O. has been given effect to in respect of drivers of various other Departments. While earlier direction was given by this Court in W.P.No.34800/2006 it was not even the stand of the Government. Under these circumstances, apart from the fact that G.O.Ms.No.162, Finance (Pay Cell)Department dated 13.4.1998 cannot be explained by the Government official by letter dated 31.12.1998 and that as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998 benefits have been given to drivers of various departments, it is not for the respondents now to go back and say that the petitioners are not entitled for the benefits conferred to the similarly situated drivers. 7. In view of the same, these Writ Petitioners are allowed. The impugned letter of the 1st respondent dated 1.10.2007 is set aside with a direction to the first respondent to pass appropriate orders in respect of fixation of pay for selection grade and special grade to the drivers of various Government Departments relating to the petitioners as per G.O.Ms.No.162, Finance (Pay Cell), dated 13.4.1998 and confer the said benefits and such orders shall be passed by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. 8. The Writ Petitions are allowed with the above sdirection. No costs. Consequently, connected pending miscellaneous petitions are disposed of. Sd/- Asst. Registrar. /true copy/ sal To 1.The Secretary to Government of Tamilnadu Finance (Pay Cell)Dept., Fort St.George Chennai 9 https://hcservices.ecourts.gov.in/hcservices/ 2.The Secretary to the Government of Tamilnadu Personnel and Administrative Reforms Department Fort St.George Chennai 9 2 ccs to Mr.L. Chandrakumar, Advocate, SR. 56235, 56236 1 cc to the Government Pleader, Sr. 56680 4 cc to Mr.E.V. Ananthakrishnan, Advocate, SR. 56153 W.P.NOs.4288/2008, 4290/2008, 13524/2008, 4254/2008, 4255/2008, 4256/2008, 4257 of 2008, 33874/2007, 2865/2008 and M.P.No.1/2008 in W.P.No.4288/2008, M.P.No.2/2008 in W.P.No.4290/2008, M.P.No.2/2008 in W.P.No.13524/2008, M.P.No.2/2008 in W.P.No.4254/2008, M.P.No.2/2008 in W.P.No.4255/2008, M.P.No.2/2008 in W.P.No.4256/2008, M.P.No.2/2008 in W.P.No.4257/2008, M.P.No.1/2007 in W.P.No.33874/2007, M.P.No.2/2008 in W.P.No.2865/2008 BV (CO) kk,rvl,sra, gkg https://hcservices.ecourts.gov.in/hcservices/