The Dist Treasury Officer v. K.Venkatesalu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMAR KURUP Writ Appeal No.2046 of 2013 and MP No.1 of 2013

1. The District Treasury Officer, Vellore District, Vellore - 632 009.

2. The Deputy Chief Inspector of Factories, Vellore - 632 009.

.. Appellants/Respondents Vs.

K.Venkatesalu, S/o. M.Kannan, Special Grade Driver, Office of the Deputy Chief Inspector of Factories, Vellore - 632 006.

.. Respondent/Petitioner Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P. No.10423 of 2012 dated 08.04.2012. 1/4

For Appellants : Mrs.C.Sangamithirai Special Government Pleader For Respondent : Mr.M.Ravi

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The issue involved in this Writ Appeal relates to fixation of Selection Grade and Special Grade Pay for Drivers working in various Departments, Corporations and Local Bodies of the Government of Tamil Nadu.

2. The Writ Court has directed the Government to refix the Selection Grade Pay at 5,000-150-8000, and the Special Grade Pay at 5500175-9000 as per Entry 8 of Shcedule II of the G.O.No.162 dated 13.04.1998. The issue is covered by the judgment of the Hon'ble Supreme Court in Civil Appeal Nos.9533 to 9537 of 2019 dated 18.12.2019. The Hon'ble Supreme Court while upholding a subsequent judgment of a Division Bench of this Court in WA Nos.1398, 1605 of 2013 etc. batch dated 08.07.2015 has held that the drivers would be entitled to Selection Grade and Special Grade Pay in terms of Entry 6 of Schedule II of the Tamil Nadu Revised Scales of Pay 2/4

Rules, 1998, i.e. at Rs.4000-100-6000 as Selection Grade pay and 4300100-6000 as Special Grade Pay.

3. In view of the pronouncement of the Hon'ble Supreme Court, this Writ Appeal is partly allowed fixing the Selection Grade and Special Grade Pay in terms of Entry 6 of Schedule II of the 1998 Rules at Rs.4000100-6000 (Selection Grade) and 4300-100-6000 (Special Grade Pay). There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(R.S.M., J.) (S.S.K., J.) 16.12.2022 Index: No Internet: Yes Speaking order srm/mp To

1. The District Treasury Officer, Vellore District, Vellore - 632 009.

2. The Deputy Chief Inspector of Factories, Vellore - 632 009.

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R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMAR KURUP , J.

srm/pm Writ Appeal No.2046 of 2013 and MP No.1 of 2013 16.12.2022 4/4