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Madras High CourtWA/1876/2021dismissed

The Deputy Director Of Health Services v. T.Gunasekaran

2025-09-18Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice R.Sakthivel8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.A.No.1876 of 2021 and C.M.P.No.11983 of 2021

1. The Deputy Director Of Health Services Tiruvannamalai District. and 19 Others 2.The Deputy Director Of Health Services Cheyyar, Tiruvannamalai Dist.

3.The Deputy Director Of Medical And Rural Health Services Tiruvannamalai Dist.

4.The District Family Welfare Officer Tiruvannamalai Dist.

5.The Joint Director Of Health Services Government Headquarters Hospital Tiruvannamalai Dist.

6.The Deputy Director Of Medical Services (leprosy) Tiruvannamalai Dist.

7.The Assistant Director Of Veterinary

Services Tiruvannamalai Dist.

8.The Assistant Director Veterinary Services Tiruvannamalai Dist.

9.The Assistant Director Veterinary Services Arni, Tiruvannamalai Dist.

10.The District Collector Tiruvannamalai Dist., Tiruvannamalai.

11.The Executive Engineer Agricultural Engineering, Tiruvannamalai Dist.

12.The Secretary Market Committee, Tiruvannamalai Dist.

13.The Deputy Registrar (dairying) 331, Selvanagar, Venkikal, Tiruvannamalai Dist.

14.The Divisional Engineer Highways, Tiruvannamalai Dist.

15.The Divisional Engineer Highways, Chengalpattu.

16.The Executive Engineer Pwd, Wro, Special Scheme Division, (water Sources And Land Development) Tiruvannamalai Dist.

17.The Executive Engineer Pwd, Wro Central Pennaiyar, Basin Division, Tiruvannamalai Dist.

18.The Superintending Engineer Pwd, Wro Pennaiyar Basin Circle, Tiruvannamalai Dist.

19.The Inspector Of Matric Schools Tiruvannamalai Dist.

20.The Divisional Engineer Highways, Tiruvallur.

Appellant(s) Vs

1. T.Gunasekaran 2.R.Gajendran 3.C.Ganapathy 4.P.Ramu 5.K.Arivazhagan 6.K.Devendran 7.J.Balraj 8.A.Elumalai 9.A.Karthikeyan 10.A.P.Paramasivam 11.S.Annamalai 12.G.Ananadhan 13.K.Shanmugam 14.A.Rajan 15.M.Muniyappan 16.M.Harikrishnan 17.S.Kothandapani 18.M.Subramanian

19.P.Mani 20.D.Devaraj 21.A.Elangovan 22.V.Ramalingam 23.M.Soundararajan 24.K.Poongavanam 25.A.M.Hussain 26.A.Mohamed Kalimulla 27.V.Ramu 28.R.Mohanraj 29.S.Ramanan 30.N.C.Paneer Selvam 31.N.Vijayakumar 32.J.Selvaraj 33.C.Chokalingam 34.K.Venkatesan 35.M.Gnana Sundaram 36.S.Ganesan 37.M.Gopal 38.K.Narasimhan 39.S.Venkatesan 40.S.Gunasekaran 41.S.Gunasekaran 42.D.Balu 43.P.Mathi Oli 44.G.Velu 45.T.Sivaraj 46.D.Chandrababu 47.G.Saravanan 48.N.Babu 49.P.Prakasam 50.S.Gurusami 51.K.Sankaran 52.G.Sekar

53.V.G.Sekar 54.E.R.Mani 55.K.Kadirvelu 56.K.Sundaram 57.A.Ganesh 58.K.Raja 59.N.Murugesan 60.D.Basheer 61.C.Kandasamy 62.D.Ramalingam 63.P.Kannan 64.S.Nagarajan 65.S.H.Asim Sait 66.R.Dorairaj 67.K.Sridharan 68.G.Niyamadulla 69.N.Mani 70.K.B.Vijayaraghavan 71.M.Gunasekaran 72.N.Thanajan (Given up 1 to 27 and 38 to 72) Respondent(s) Prayer: Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 16.11.2010 made in W.P.No.25889 of 2010. For Appellant(s):

Mr.M.Bindran Additional Government Pleader For Respondent(s):

R1 to R27 and R38 to R72 - Given Up R36 - No Such Person R28 &R35 - Tapal Not Returned

ORDER

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

When the private respondents herein had approached the Writ Court by filing W.P.No.25889 of 2010, seeking for enhancement of their pay scales in the Selection and Special Grades, the learned Single Judge had passed final orders on 16.11.2010, directing the appellants herein to extend the benefit of such enhancement as per G.O.Ms.No.162 Finance (Pay Cell) Department, dated 13.04.1998 and pay the revised pension and arrears of difference in salary as well as the arrears of difference in pension with effect from 01.01.1996. This final order passed in the Writ Petition filed in W.P.No.25889 of 2010 dated 6.11.2010 is under challenge before this Court. 2.In an identical matter, which went upto the Hon'ble Supreme Court in the case of P.Singaravelan and Ors. Etc. v. District Collector, Tiruppur and DT and Ors. Etc. Etc. reported in AIR online 2019 SC 1933, when similarly placed drivers had sought for enhancement of their pay scale in accordance with G.O.Ms.No.162, the Hon'ble Supreme Court had allowed the appeal by holding

that they are lawfully entitled to the benefit of Selection Grade and Special Grade scales of pay, in terms of G.O.Ms.No.162 Finance (Pay Cell) Department, dated 13.04.1998.

3.In view of the aforesaid decision of the Hon'ble Supreme Court, we are of the view that the appellants herein may not have valid grounds to challenge the order of the learned single Judge, which order is also in conformity with the decision of the Hon'ble Supreme Court in P.Singaravelan and Ors. v. District Collector, Tiruppur and DT and Ors. Etc. Etc. case. cited supra. Accordingly, the writ appeal stands dismissed.

4.In view of the dismissal of the above Writ Appeal, the appellants shall forthwith comply with the directions issued in paragraph Nos.7 and 8 in W.P.No.25889 of 2010 dated 16.11.2010, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

(M.S.RAMESH J.)(R.SAKTHIVEL J.) kas 18-09-2025

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

kas W.A.No.1876 of 2021 and C.M.P.No.11983 of 2021 18.09.2025