1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2011 CORAM THE HON'BLE MR.JUSTICE K.N.BASHA AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.8379 of 2011 & M.P.(MD)Nos.2 and 3 of 2011 1. C.Krishnamoorthi 2. J.Kannan 3. A.Kanmani Doss 4. R.Sri Iyappan 5. N.Ramasamy 6. Y.Baskaran 7. K.Pandeeswaran 8. A.Murugan 9. G.Subbiah Kannan 10.K.Mailsamy 11.T.Kumaresan 12.S.Ladear Milvin 13.R.Shantha Kumar 14.S.Panneerselvam 15.M.Mani 16.U.Manikandan .. Petitioners Vs. 1. The State of Tamil Nadu Rep. by its Secretary to Government (Home Courts – V) Department, Fort St. George, Chennai. 2. The Registrar General, High Court, Madras. 3. The Registrar (Administration), Madurai Bench of Madras High Court, Madurai. .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records relating to the order dated 11.09.2007 in the letter No.47744/Cts.V/2005- 7 of the first respondent and quash the same and consequently direct the respondents to forthwith grant Special Compensatory Allowance of Rs.190/- per month and auto conveyance to the drivers attached to the Hon'ble Judges and Registrars before Madurai Bench of Madras High Court. ** ** prayer amended as per the order dated 09.09.2011 in M.P.No.4/2011 For Petitioners : Mr.AR.L.Sundaresan, Senior Counsel for M/s.AL.Ganthimathi For Respondent 1 : Mr.R.Anandharaj, Govt. Advocate For Respondents 2& 3 : Mr.Pala.Ramasamy https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER (Order of the Court was made by K.N.BASHA, J.) The petitioners, who are the drivers attached to the Madurai Bench of Madras High Court, have come forward with this petition seeking for the relief of quashing the order of the first respondent dated 11.09.2007 in letter No.47744/Cts.V/2005-7 and consequently directing the respondents to forthwith grant Special Compensatory Allowance of Rs.190/- per month and auto conveyance to the drivers attached to the Hon'ble Judges and Registrars before Madurai Bench of Madras High Court. 2. Mr.AR.L.Sundaresan, learned Senior Counsel for the petitioners, would contend that the Government on the basis of the proposal sent by the Registrar General, Madras High Court/the second respondent, passed an order dated 22.02.2002 granting the relief of Special Compensatory Allowance of Rs.190/- per month in lieu of out of pocket expenses of Rs.15/- per day to the Drivers working in the Madras High Court and that the ceiling limit of Rs.100/- for auto conveyance was also removed. It is contended that before the constitution of the Madurai Bench of Madras High Court in the year 2004, some of the Drivers, who were working at the Principal Seat at Madras were getting such benefits till their transfer to the Madurai Bench. It is further contended that as far as the Drivers, who are now serving at the Madurai Bench of Madras High Court, Madurai, the said relief and benefits were not extended. It is contended that, on the other hand, the Government passed an order dated 11.09.2007 holding that the benefits given to the Drivers attached to the Hon'ble Judges at the Principal Seat of the Madras High Court cannot be extended to the Drivers attached to the Hon'ble Judges and Registrars at Madurai Bench of Madras High Court. It is also contended that the said order is unsustainable in law as the petitioners are also discharging the same duties as that of the drivers attached to the Hon'ble Judges at the Principal Seat and therefore, it amounts to discrimination among the same category of employees. The learned Senior Counsel for the petitioners would also submit that it is open to the Government to quantify and fix the amount in respect of Special Compensatory Allowance to be paid to the Drivers attached to the Hon'ble Judges and Registrars at Madurai Bench of Madras High Court on the basis of cost of living at Madurai and as far as Auto Conveyance is concerned, the same relief and benefits given to the Drivers attached to the Principal Seat may be ordered to be given to the Drivers who are working at Madurai Bench of Madras High Court. 3. Heard the learned Government Advocate on the submissions made by the learned Senior Counsel for the petitioners. It is contended by the learned Government Advocate that in view of classification of cities as Grade I(a) and I(b), the Government has rightly denied to extend the benefit to the drivers attached to the Madurai Bench of Madras High Court. It is contended that there is no illegality in the impugned order dated 11.09.2007 passed by the Government. 4. We have given our careful consideration to the rival contentions put forward by either side and perused the impugned order and other materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 3 5. At the outset, it is to be stated that the Drivers attached to the Principal Seat as well as to the Madurai Bench of Madras High Court are discharging the same duties and they are rendering the same and similar services and as such, there should be no disparity in respect of granting certain relief and benefits to the same category of employees. It is pertinent to note that the proposal of the Registrar General of the Madras High Court was of the years 2000 and 2001, prior to the formation and establishment of Madurai Bench of Madras High Court, as it was established on 24.07.2004 and as such, there is no question of separately indicating the Drivers attached to the Madurai Bench of Madras High Court in the order dated 22.02.2002. Subsequently, fresh proposals were sent by the Registrar (Management), Madras High Court in respect of the Drivers of the Madurai Bench and pursuant to the same, the letter dated 11.09.2007 was sent by the Government rejecting the proposals for extending the benefits to the Drivers attached to the Madurai Bench. We are of the view that no valid reason was assigned for refusing to extend the same benefits given to the Drivers attached to the Principal Seat to the Drivers attached to the Madurai Bench. It is merely stated in the impugned order that the rate of Special Compensatory Allowance given to the Drivers attached to the Principal Seat cannot be extended to the Drivers attached to the Madurai Bench of Madras High Court. Such reason is not only vague and bald, but also meaningless. We are of the considered view that the impugned order would amount to discrimination between the services rendered by the Drivers attached to the Principal Seat and to the Drivers attached to the Madurai Bench of Madras High Court and such disparity and discrimination is certainly unjustified. 6. In view of the aforesaid reasons, we are constrained to set aside the impugned order dated 11.07.2007 passed by the first respondent. Consequently, we direct the first respondent herein to extend the benefits of Special Compensatory Allowance and Auto Conveyance given to the Drivers attached to the Principal Seat of Madras High Court to the Drivers attached to the Madurai Bench of Madras High Court by removing the ceiling. The said benefits shall be given to the Drivers attached to the Madurai Bench of Madras High Court from the date of order of rejection of the proposal sent by the Registrar (Management), Madras High Court, in ROC No.235A1/05/G2, dated 07.05.2005 by the order dated 21.06.2007. It is further made clear that the Drivers attached to the Madurai Bench of Madras High Court should be treated on a par with the Drivers attached to the Principal Seat of Madras High Court in respect of giving service benefits and the said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 7. This Petition is ordered accordingly. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 4 To 1. The Secretary, Home (Courts – V) Department, Government of Tamil Nadu, Fort St. George, Chennai. 2. The Registrar General, High Court, Madras. 3. The Registrar (Administration), Madurai Bench of Madras High Court, Madurai. +1cc to Special Government Pleader, SR.No.39091 +1cc to Mr.PalaRamasamy, Advocate, SR.No.389777 +1cc to MS.A.L.Ganthimathi, Advocate, SR.No.38990 gg GH : 30.11.2011 : 4p/7c ORDER IN W.P(MD)No.8379 of 2011 https://hcservices.ecourts.gov.in/hcservices/