P.Ramakrishnan, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.P.Ramakrishnan 2.A.Francis 3.L.Rajamani 4.K.Pitchandi 5.S.V.Parthasarathi 6.A.Susai 7.D.Sathiyanarayanan 8.A.Sainathan 9.M.G.Sundararajan 10.K.Narasimhan 11.V.Ramamurthy 12.R.Gopi 13.M.Palani ... Petitioners Vs.

1.The Managing Director, Tamilnadu Cooperative Milk Producers Federation Ltd., Aavin Illam, Madhavaram Milk Dairy, Chennai 2.The Commissioner of Dairy Development, Chennai 600 051 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the second respondent to issue directions to the first respondent to implement the Selection Grade and Special Grade Scale of Pay as indicated in Schedule 1/4

-II of the Tamilnadu Revised Scale of Pay Rules, 1998 at Rs.5000-8000 and Rs.5500-9000 respectively to the petitioners Drivers from the respective dates of completion of 10 years of service in the ordinary Grade and 10 years in the Selection Grade, with all consequential monetary benefits and also to revise their pensionary benefits on that basis, pay all arrears within a stipulated time period. For Petitioners : No appearance For Respondents For R1 : Mr.I.John Arockiadas For R2 : Mr.L.S.M.Hasan Fizal, Additional Government Pleader

O R D E R

This writ petition has been filed for direction to the first respondent to implement the Selection Grade and Special Grade scale of pay as indicated in Schedule-II of the Tamil Nadu Revised Scales of Pay Rules, 1998 to the petitioners.

2.

The petitioners are retired drivers from the respondents. Now, they are claiming benefits under G.O.Ms.No.162, Finance(Pc) Department dated 13.04.1998. However, the petitioners being the Cooperative Societies' employees, they are not entitled for any benefit 2/4

under the said Government order. That apart, a similar issue was already dealt with by this Court and rejected the claim of the petitioners therein. Therefore, the direction sought for in this writ petition cannot be considered. As such, this writ petition is devoid of merits and liable to be dismissed.

3.

Accordingly, this writ petition is dismissed. There shall be no order as to costs.

01.09.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Managing Director, Tamilnadu Cooperative Milk Producers Federation Ltd., Aavin Illam, Madhavaram Milk Dairy, Chennai 2.The Commissioner of Dairy Development, Chennai 600 051

3. The Government Advocate, High Court, Madras.

01.09.2023 4/4