P. Singaravelan And Ors.Etc. Etc. vs District Collector, Tiruppur And Dt And ...

3. The Appellants, in a nutshell, are claiming the grant of Selection Grade and Special Grade scales of pay in the bracket of Rs. 5000-8000 and Rs. 5500-9000 respectively in terms of G.O. Ms. No. 162, Finance (Pay Cell) Department dated 13.04.1998 (for short “G.O. Ms. No. 162”), which has been granted to around 3000 similarly placed employees. The Appellants place reliance on various decisions rendered by this Court and the High Court of Madras in several writ petitions and appeals granting similar pay scales to the petitioners therein. Thus, it is argued that the impugned judgment of the High Court has erroneously differed from the consistent view taken in these decisions.

9. It is evident that the entire controversy in this case hinges on the interpretation of G.O. Ms. No. 162. Vide this order, the Tamil Nadu Revised Scales of Pay Rules, 1998 (for short “the 1998 Rules”) were notified, revising 25 standard pay scales on a pay scale-to-pay scale basis for State Government employees and teachers. While Schedule I to the 1998 Rules indicated the revised pay scales, Schedule II specified the Selection Grade 7 and Special Grade pay scales applicable for each revised Ordinary Grade. Further, it was stated in paragraph 4 of the G.O. that for posts with no promotional avenues, the Selection Grade and Special Grade scales as indicated in Schedule II would be applicable.

13. In 2006, the Secretary, Personnel and Administrative Reforms (E) Department rejected the representation of the Tamil Nadu Government Department Drivers’ Central Association seeking fixation of Selection Grade and Special Grade pay scales at Rs. 5000-8000 and Rs. 5500-9000 respectively, vide the proceedings in Lr. No. 13921/K/2005-1 dated 25.04.2006. This was challenged by the drivers’ association before the High Court in W.P. No. 34800 of 2006, which was allowed on the ground that the said proceedings did not refer to G.O. Ms. No. 162. The association was directed to make a fresh representation before the Finance Department, to be decided in accordance with G.O. Ms. No. 162.

16. Subsequently, several other writ petitions were filed by other similarly situated drivers seeking the benefit of the same higher pay scale. These petitions were also allowed on the basis of the previous decisions discussed above, with the notable exceptions of the judgment dated 18.11.2013 passed by the Single Judge of the High Court in W.P. No. 1418/2001 12 and matters connected thereto, and the impugned judgment herein.

19. Be that as it may, in the interest of expeditious disposal of the matter, we do not deem it fit to remand the matter to the High Court for fresh consideration at this stage. Thus, we shall proceed to decide it on merits accordingly.

21. Against this backdrop, we find substance in the submission of the Respondents that the Appellants are not lawfully entitled to the claimed Selection Grade and Special Grade pay scales of Rs. 5000-8000 and Rs. 5500-9000 respectively in terms of G.O. Ms. No. 162.

24. Thus, it is evident that the Appellants cannot claim the Selection Grade and Special Grade scales of pay of Rs. 5000- 8000 and Rs. 5500-9000 respectively, solely on the strength of earlier decisions of the High Court, without showing how they, themselves, are entitled to such benefit in the first place. In such a situation, we are of the considered view that the Appellants can only be granted the benefit of the Selection Grade and Special Grade scales of pay to which they are lawfully entitled in terms of G.O. Ms. No. 162, i.e. Rs. 4000- 6000 and Rs. 4300-6000 respectively.

25. Therefore, in view of the foregoing discussion, we find no reason to interfere with the impugned judgment. The instant appeals are hereby dismissed, and the impugned judgment is confirmed.

CIVIL APPEALS @ SLPs [Diary No. 42301/2017] Delay condoned. Leave granted.

2. These appeals have been filed by the State of Tamil Nadu, represented by its Principal Secretary, Finance (Pay Cell) Department against the judgment and order dated 05.01.2015 of the High Court of Madras in W.P. No. 2363 of 2013, and the final judgment and order dated 11.09.2017 dismissing Review Application No. 153 of 2016 against the same, with respect to the pay scale entitlements of certain drivers employed by the High Court of Madras in terms of G.O. Ms. No. 162.

162. The petitioners therein also sought a direction to the State Government for appropriate fixation of pay scales in the above terms.

4. The Division Bench allowed the writ petition on the ground that the drivers were not entitled to any promotional avenues, and hence were entitled to the full benefits of the appropriate pay scale under Schedule II of the 1998 Rules. It was further found that the drivers were entitled to benefits under Serial No. 8 of the said schedule, looking to the disposal of similar matters by the High Court and this Court. The review application filed against the same also came to be dismissed by the High Court.

6. The appeals are therefore allowed partly, to the extent that the State Government is directed to fix the pay scale benefits available to the Respondents in the instant appeals in terms of Serial No. 6 of Schedule II of the 1998 Rules under G.O. Ms. No. 162.

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