Madras High Court
The Secretary vs R. Dowlathkhan on 26 July, 2021
W.A(MD)No.1454 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A(MD)No.1454 of 2021
The Secretary,
District Market Committee,
Agricultural Department,
199, Madurai Road,
Tiruchirappalli – 620 008
Tiruchirappalli District
...Appellant
Vs.
1. R. Dowlathkhan
2. R. Veeraiyan
3. M. Sundar
4. S. Kasinathan
5. P. Kathiresan
6. P. Ramachandiran
7. M. Arokiasamy
8. R. Palanivel
9. B. Chandra Sekaran
10. S. Ramasamy
11. C. Thangappan
12. N. Ponapandian
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W.A(MD)No.1454 of 2021
13. S. Radhakrishanan
14. C. Natarajan
15. R. Parthasarathy
16. A. Thangavelu
17. M. Mariadoss
18. G. Amalraj
19. A. Muthu
20. M. Sivananthan
21. S. Swaminathan
22. M. Savarimuthu
23. N. Gopalakrishnan
24. P.R. Venugopal
25. G. Kaliyamoorthy
26. P. Sakthivel
27. P. Sundaramoorthy
28. The Principal Secretary to Government,
Public Health Department,
Secretariat, Chennai – 600 009
29 The Secretary to government,
Hindu Religious Endowment Department,
Secretariat, Chennai – 600 009
30. The Secretary to Government,
Public Works Department,
Secretariat, Chennai – 600 009
31. The Secretary to Government,
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W.A(MD)No.1454 of 2021
Agriculture Department,
Secretariat,
Chennai – 600 009
32. The Secretary to Government,
Forest Department,
Secretariat,
Chennai – 600 009
33. The Secretary to Government
Industries and Commerce Department
Secretariat,
Chennai – 600 009
34 The Secretary to Government
School Education Department
Secretariat
Chennai – 600 009
35 The Secretary to Government,
Public Department
Secretariat,
Chennai – 600 009
36 The District Collector,
Tiruchirappalli
Tiruchirappalli District
37 The Deputy Director of Public Health,
Tiruchirappalli,
Tiruchirappali District
38 The Joint Director of Public Health
and Family Welfare,
Headquarters Hospital,
Tiruchirappalli,
Tiruchirappalli District
39. The Assistant Commissioner of
Hindu Religious and Endowment Board,
Tiruchirappalli – 620 002,
Tiruchirappalli District
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W.A(MD)No.1454 of 2021
40. The Executive Engineer,
Public Works Department,
Periyar Dam Special Division,
Cumbum, Madurai District.
41. The Superintending Engineer
Agriculture Engineering Department
Jail Corner, Trichirappalli – 620 020
Tiruchirappalli District
42 The Assistant Director for Ex-Service Men,
19, Wireless Road, Cantonment,
Tiruchirappalli – 620 001,
Tiruchirappalli District
43 The Superintending Engineer,
Highways and Nabard Rural Roads Division,
Tiruchirappalli, Tiruchirappalli District
44 The Superintending Engineer,
Water Resource Organization,
Public Works Department,
Tiruchirappalli – 620 020
45 The District Forest Officer
Court Complex, Tiruchirappalli,
Tiruchirappalli District
46 The Manager
District Industries Centre,
Tiruchirappalli,
Tiruchirappalli District
47 The District Educational Officer,
Collectorate Campus,
Tiruchirappalli – 620 001
Tiruchirappalli District
...Respondents
Prayer: Writ Appeal filed under Section 15 of the Letters Patent Act to set
aside the order dated 01.08.2013 passed in W.P.(MD).No.12866 of 2013.
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W.A(MD)No.1454 of 2021
For Appellant : A.Muthukkaruppan
For Respondents : Mr. A.K. Manikkam
Learned Senior Government Counsel
For R28 to R47
Mr. S. Visvalingam
For R1 to R27
JUDGMENT
[Judgment of the Court was made by T.S.SIVAGNANAM, J.]
Heard Mr. A.K. Manikkam, learned Government Counsel for the
appellant and Mr. Visvalingam, learned counsel appearing for the
respondents 1 to 27.
2. The Writ Petition was filed by the respondents claiming
Selection Grade and Special Grade, which was allowed by the learned
Single Judge by order dated 01.08.2013. Similar orders were passed in
other writ petitions as well and some of them travelled up to the Hon'ble
Supreme Court and the appeals filed by the drivers, who were similarly
placed as that of the respondents were dismissed. One such case before
the Hon'ble Supreme Court is “P. Singaravelan vs District Collector
Tirupur and others, Civil Appeal Nos.9533 to 9537 of 2019” dated
18.12.2019 wherin the Hon'ble Court held as follows:
5. As discussed supra, it has not been disputed before
us that the drivers concerned were not entitled to any
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W.A(MD)No.1454 of 2021
promotional avenues. Thus, it is evident that the High Court
rightly concluded that the drivers were entitled to the full
benefits of the appropriate pay scale under Schedule II of the
1998 Rules. However, in light of our foregoing finding that
persons employed in the post of drivers in various departments
in the Government of Tamil Nadu are only entitled to Ordinary,
Selection and Special Grade pay scales in terms of Serial No. 6
of Schedule II of the 1998 Rules, i.e. at Rs. 3200-4900, Rs.
4000-6000 and Rs. 4300-6000 respectively, we have no
hesitation to hold that the High Court erred in directing fixation
of such pay scales to drivers employed at the High Court in
terms of Serial No. 8 of the Schedule II, fixing Selection Grade
and Special Grade scales of pay of Rs. 5000-8000 and Rs. 5500-
9000 respectively.
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.
3. The Division Bench of this Court in W.A.No.314 of 2020 and
W.A.No.164 of 2017, by judgment dated 27.02.2020, had allowed the
appeals filed by the Government. Following the same, the Writ Appeal is
allowed and the order passed in the Writ Petition is set aside. No costs.
[T.S.S., J] [S.A.I., J]
26.07.2021
Index : Yes / No
Internet : Yes / No
mnr
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W.A(MD)No.1454 of 2021
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate /
litigant concerned.
To:-
1 The Principal Secretary to Government,
Public Health Department,
Secretariat, Chennai – 600 009
2 The Secretary to government,
Hindu Religious Endowment Department,
Secretariat, Chennai – 600 009
3 The Secretary to Government,
Public Works Department,
Secretariat, Chennai – 600 009
4 The Secretary to Government,
Agriculture Department,
Secretariat,
Chennai – 600 009
5 The Secretary to Government,
Forest Department,
Secretariat,
Chennai – 600 009
6 The Secretary to Government
Industries and Commerce Department
Secretariat,
Chennai – 600 009
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W.A(MD)No.1454 of 2021
7 The Secretary to Government
School Education Department
Secretariat
Chennai – 600 009
8 The Secretary to Government,
Public Department
Secretariat,
Chennai – 600 009
9 The District Collector,
Tiruchirappalli
Tiruchirappalli District
10 The Deputy Director of Public Health,
Tiruchirappalli,
Tiruchirappali District
11 The Joint Director of Public Health
and Family Welfare,
Headquarters Hospital,
Tiruchirappalli,
Tiruchirappalli District
12. The Assistant Commissioner of
Hindu Religious and Endowment Board,
Tiruchirappalli – 620 002,
Tiruchirappalli District
13. The Executive Engineer,
Public Works Department,
Periyar Dam Special Division,
Cumbum, Madurai District.
14. The Superintending Engineer
Agriculture Engineering Department
Jail Corner, Trichirappalli – 620 020
Tiruchirappalli District
15 The Assistant Director for Ex-Service Men,
19, Wireless Road, Cantonment,
Tiruchirappalli – 620 001,
Tiruchirappalli District
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W.A(MD)No.1454 of 2021
16 The Superintending Engineer,
Highways and Nabard Rural Roads Division,
Tiruchirappalli, Tiruchirappalli District
17 The Superintending Engineer,
Water Resource Organization,
Public Works Department,
Tiruchirappalli – 620 020
18 The District Forest Officer
Court Complex, Tiruchirappalli,
Tiruchirappalli District
19 The Manager
District Industries Centre,
Tiruchirappalli,
Tiruchirappalli District
20 The District Educational Officer,
Collectorate Campus,
Tiruchirappalli – 620 001
Tiruchirappalli District
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W.A(MD)No.1454 of 2021
T.S.SIVAGNANAM,J.
and
S.ANANTHI,J.
mnr
ORDER MADE IN
W.A(MD)No.1454 of 2021
26.07.2021
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