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Madras High CourtWA(MD)/513/2012allowed

The Secretary To Government v. T.Mathiyazhagan, Driver

2020-02-26Honourable The Chief Justice,Honourable Mr Justice Subramonium Prasad10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020

CORAM:

THE HONOURABLE MR. A.P.SAHI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.[MD]Nos.513 of 2012,798/2012, 18/2014, 19/2014, 1120/2014 and 470/2016 and CMP No.3351/2016 in W.A(MD) No.513/2012, M.P.No.1 of 2014 in WA(MD) No.18/2014 and M.P.Nos.1 and 2 of 2014 in W.A(MD) No.19/2014, MP(MD)Nos. 1 and 1/2012 and 1/2014 WA(MD)No. 513 of 2012

1. The Secretary to Government of Tamilnadu, Highways and Minor Ports Department, Secretariat, Chennai-9.

2. The Director General (Highways), Chepauk, Chennai-5.

3. The Divisional Engineer (H), Highways Department, Madurai Division, Madurai-625007.

4. The Divisional Engineer (H) Highways Department, Dindigul Division, Dindigul-624001.

5. The Divisional Engineer (H) Highways Department, Theni Division, Theni-624001.

6. The Divisional Engineer (H) Highways Department, Virudhunagar Division, Virudhunagar District. ... Appellants in WA(MD)No. 513 of 2012 - Vs. -

1. T.Mathiyazhagan, Driver, The Divisional Engineer (Highways), Madurai Division, Madurai.

2. L.Arumugam, Driver , Vadipatti Sub-Division (Highways), Madurai Division, Madurai.

3. P.Maruthamuthu, Driver Dindigul Division (Highways), Dindigul.

4. R.Balasubramaniyan, Driver (Retd), Madurai Division (Highways), Madurai

5. K.Prabakaran, Driver Madurai Division (Highways), Madurai.

6. M.Selvaraj, Driver Madurai Division (Highways), Madurai.

7. K.Jeganathan, Driver Madurai Division (Highways), Madurai.

8. S.Rajendren, Driver (Retd) Melur Sub-Division (Highways), Madurai Division, Madurai.

9. V.Srinivasan, Driver (Retd) Theni Sub-Division (Highways), Theni Division, Theni.

10. P.Selvaraj, Driver (Retd) Madurai Division (Highways), Madurai.

11. A.Chelladurai, Driver (Retd) Divisional Engineer (Highways), Highways and Rural Works, Virudhunagar Division, Virudhunagar District.

12. S.Varadharajan, Driver (Retd), Divisional Engineer (Highways), Virudhunagar Division, Virudhunagar District.

13. S.Thiruvengadam, Driver (Retd), Divisional Engineer (Highways), Virudhunagar Division, Virudhunagar District.

14. V.Rajaram, Roller Driver(Retd), Assistant Divisional Engineer (Highways) Sattur, Virudhunagar Division, Virudhunagar District. 15.S.Ganesan, Roller Driver(Retd), Assistant Divisional Engineer (Highways) Sivakasi, Virudhunagar Division, Virudhunagar District.

16. P.Ramu, Roller Driver(Retd) Assistant Divisional Engineer (Highways) Sattur, Virudhunagar Division, Virudhunagar District.

...Respondents 1 to 16 in WA(MD)No. 513 of 2012 /

Petitioners 1 to 10 & 12 to 17

17. P.Rajamanickam, Driver District Backward Class and Minorities Welfare Office, Collectorate, Dindigul.

... Respondent 17 in WA(MD)No. 513 of 2012 / Petitioner 11

18. The District Backward Class And Minorities Welfare Officer, Collectorate, Dindigul.

... Respondent 18 in WA(MD)No. 513 Of 2012 / Respondent 6 Prayer in WA(MD)No. 513 of 2012 :

Appeal filed under Section 15 of letter patent Act, against the order dated 29.03.2012 in WP(MD).No.3778/2011 on the file of this Court.

Prayer in WP(MD)No. 3778 of 2011 :

Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant selection grade and special grade to the petitioners on the basis of the judgment of the Division Bench of this Honourable in W.A.Nos.383 to 391 of 2009 dated 01.09.2009 within a reasonable time.

For Appellants : Mr. V.R.Shanmuganathan For Respondents 1,2,4 & 5 : Mr. K.P.Narayanakumar

WA(MD)No. 798 of 2012

1. The Forestry Extension Officer, Forestry Extension Division, P.K.Agharam Post, Trichy.

2. The Addl.Treasury Officer, Trichy.

3. The Secretary to Government, Department of Forest, Secretariat, Chennai.

... Appellants in WA(MD)No. 798 of 2012/Respondents 1 to 3 - Vs. - Pushpanathan, S/o.Subramanian, Spl.Grade Driver(Rtd), No.8/1, Kalathumedu Woraiyur, Trichy.

... Respondent in WA(MD)No. 798 of 2012 /Petitioner Prayer in WA(MD)No. 798 of 2012 :

Appeal filed under Section 15 of letter patent Act, against the order dated 20.07.2012 in WP(MD).No.11489/2010 on the file of this Court.

Prayer in WP(MD)No. 11489 of 2010 :

Constitution of India, praying this Court to issue a WRIT OF MANDAMUS, directing the respondents 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 at Rs.5000/- and 5500/- respectively to the petititoner Driver (retired from service on 30.06.2006) from 01.01.1996 with all consequential monetary benefits and pay all arrears of salary and pension within a stipulated time period.

For Appellants : Mr. V.R.Shanmuganathan For Respondent : Mr. Ravi WA(MD)No. 18 of 2014 The Joint Director of Health Service, Tirunelveli District, Tirunelveli.

... Appellant in WA(MD)No. 18 of 2014 /1st respondent - Vs. -

1. Arulpandian, Special Grade Driver, Joint Director of Health Services, Tirunelveli District at Thenkasi.

2. C. Duraisingam, Special Grade Driver, Joint Director of Health Services, Tirunelveli District at Thenkasi.

3. B. Sangara Narayanan, Special Grade Driver, Joint Director of Health Services, Tirunelveli District at Thenkasi.

4. V. Subramanian, Special Grade Driver, Joint Director of Health Services, Tirunelveli District at Thenkasi.

5. M. Maharaja, Special Grade Driver, Govt. Primary Health Centre, Kurukalpatti, Sankarankovil Tk, Tirunelveli District

6. P. Mariyappan, Special Grade Driver, Government Primary Health Centre, Elathur, Tirunelveli District

7. S. Ananji, Selection Grade Driver, Primary Health Centre, Alangulam Tirunelveli District

8. K. Krishnasamy, Special Grade Driver, Govt. Hospital, Sankarankovil, Tirunelveli District ... Respondents 1 to 8 in WA(MD)No. 18 of 2014/ Petitioners 1 to 8

9. The Medical Officer, Govt. Primary Health Centre, Kurkalpatti, Sankarankovil Taluk, Tirunelveli District

10. The Block Medical Officer, Primary Health Centre, Sentamaram, Sankarankovil Taluk.

11. The Deputy Director Of Health Services, Sankarankovil.

12. The Medical Officer, Govt. Primary Health Centre, Elathur, Tirunelveli District

13. The Deputy Director of Medical and Rural Health and Family Welfare, Tirunelveli.

14. The Medical Officer, Primary Health Centre, Alangulam, Tirunelveli District

15. The Deputy Director, Family Welfare, Tirunelveli.

16. The Medical Officer, Govt. Hospital, Sankarankovil, Tirunelveli District

17. The Deputy Director, Medical Rural Health Services and Family Welfare, Tirunelveli District at Thenkasi.

18. The Sub-Treasury Officer, Sub-Treasury, Thenkasi.

19. The Sub-Treasury Officer, Sub-Treasury, Sankarankovil.

20. The Sub-Treasury Officer, Sub-Treasury, Tirunelveli.

21. The Sub-Treasury Officer, Sub-Treasury, Senkottai,

22. The District Treasury Officer,, District Treasury, Tirunelveli.

23. The Sub-Treasury Officer, Sub-Treasury, Alangulam, Tirunelveli District ... Respondents 9 to 23 in WA(MD)No. 18 of 2014 / Respondents 2 to16 Prayer in WA(MD)No. 18 of 2014 :

Appeal filed under Section 15 of letter patent Act, praying this Court appeal against the order dated 26.07.2013 in WP(MD). No.12175/2013 on the file of this Court.

Prayer in WP(MD)No. 12175 of 2013 :

Constitution of India, praying this Court Pleased to issue a Writ of Mandamus, directing the respondents to implement the Ordinary Grade, Selection Grade and Special Grade Scales of Pay as indicated in Schedule-II of the Tamilnadu Revised Scales of Pay Rules, 1998 at Rs. 4000-6000,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.

For Appellant : Mr. V.R.Shanmuganathan For Respondents 1 to 4 : Mr. Ravi WA(MD)No. 19 of 2014 The Deputy Director of Medical and Rural Health and Family Welfare, Tirunelveli.

... Appellant in WA(MD)No. 19 of 2014/6th respondent - Vs. -

1. P. Mariyappan, Special Grade Driver, Government Primary Health Centre, Elathur, Tirunelveli District

2. S. Ananji, Selection Grade Driver, Primary Health Centre, Alangulam Tirunelveli District

3. Arulpandian, Special Grade Driver, Joint Director of Health Services, Tirunelveli District at Thenkasi.

4. C. Duraisingam, Special Grade Driver, Joint Director of Health Services, Tirunelveli District at Thenkasi.

5. B. Sangara Narayanan, Special Grade Driver, Joint Director of Health Services, Tirunelveli District at Thenkasi.

6. V. Subramanian, Special Grade Driver, Joint Director of Health Services, Tirunelveli District at Thenkasi.

7. M. Maharaja, Special Grade Driver, Govt. Primary Health Centre, Kurukalpatti, Sankarankovil Taluk, Tirunelveli District

8. K. Krishnasamy, Special Grade Driver, Govt. Hospital, Sankarankovil, Tirunelveli District

...Respondents 1 to 8 in WA(MD)No. 19 of 2014/

Petitioners 1 to 8

9. The Joint Director of Health Service, Tirunelveli District , Tenkasi.

10. The Medical Officer, Govt. Primary Health Centre, Kurkalpatti, Sankarankovil Taluk, Tirunelveli District

11. The Block Medical Officer, Primary Health Centre, Sentamaram, Sankarankovil Taluk.

12. The Deputy Director Of Health Services, Sankarankovil.

13. The Medical Officer, Govt. Primary Helath Centre, Elathur, Tirunelveli District

14. The Medical Officer, Primary Health Centre, Alangulam, Tirunelveli District

15. The Deputy Director, Family Welfare, Tirunelveli.

16. The Medical Officer, Govt. Hospital, Sankarankovil, Tirunelveli District

17. The Deputy Director, Medical Rural Health Services and Family Welfare, Tirunelveli District at Thenkasi.

18. The Sub-Treasury Officer, Sub-Treasury, Thenkasi.

19. The Sub-Treasury Officer, Sub-Treasury, Sankarankovil.

20. The Sub-Treasury Officer, Sub-Treasury, Tirunelveli.

21. The Sub-Treasury Officer, Sub-Treasury, Senkottai,

22. The District Treasury Officer, District Treasury, Tirunelveli.

23. The Sub-Treasury Officer, Sub-Treasury, Alangulam, Tirunelveli District ... Respondents 9 to 23 in WA(MD)No. 19 of 2014 / Respondents 1 to 5 & 7 to 16 Prayer in WA(MD)No. 19 of 2014 :

Appeal filed under Section 15 of letter patent Act, praying this Court appeal against the order dated 26.07.2013 in WP(MD). No.12175/2013 on the file of this Court.

Prayer in WP(MD)No. 12175 of 2013 :

Constitution of India, praying this Court Pleased to issue a Writ of

Mandamus, directing the respondents to implement the Ordinary Grade, Selection Grade and Special Grade Scales of Pay as indicated in Schedule-II of the Tamilnadu Revised Scales of Pay Rules, 1998 at Rs. 4000-6000,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 arears within a stipulated time.

For Appellant : Mr. V.R.Shanmuganathan For Respondents 1 to 4 : Mr. Ravi WA(MD)No. 1120 of 2014 :

1. The Joint Director Of Agriculture, Nirupar Colony, Tirunelveli District.

2. The Assistant Director Of Agriculture, Tirunelveli.

3. The Joint Director Of Agriculture, Senkottai.

4. The Assistant Director Of Seed Certification,Tirunelveli.

5. The District Treasury Officer Tirunelveli. ... Appellants in WA(MD)No. 1120 of 2014 /Respondents - Vs. -

1. G.Velumani Selection Grade Driver, Joint Director of Agriculture, Nirupar Colony, Tirunelveli District.

2. S.Rajendran Special Grade Driver, Assistant Director of Agriculture, Senkottai.

3. Palani Special Grade Driver, Assistant Director of Seed Certification, Tirunelveli.

... Respondents in WA(MD)No. 1120 of 2014 /Petitioners Prayer in WA(MD)No. 1120 of 2014 :

Appeal filed under Section 15 of letter patent Act, against the order dated 16.07.2013 in WP(MD).No.11204/2013 on the file of this Court.

Prayer in WP(MD)No. 11204 of 2013 :

Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to implement the Ordinary Grade, Selection Grade and Special Grade Scales of pay as indicated in Schedule-II of the Tamil Nadu Revised Scales of Pay Rules, 1998 at Rs.4000-6000, 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 Appellants : Mr. V.R.Shanmuganathan For Respondents 1 to3 : Mr. Ravi WA(MD)No. 470 of 2016

1. The District Forest Officer, Ayyalur Interface Forestry Division, Dindigul 624 001.

... Appellant in WA(MD)No. 470 of 2016 /Respondent - Vs. -

1. M.S.Selvaraj ... Respondent in WA(MD)No. 470 of 2016 /Petitioner Prayer in WA(MD)No. 470 of 2016 :

Appeal filed under Section 15 of letter patent Act, praying this Court against the order dated 26.08.2010 in WP(MD). No.10618/2010 on the file of this Court.

Prayer in WP(MD)No. 10618 of 2010 :

Constitution of India, praying this Court to issue a WRIT OF MANDAMUS, directing the Respondents to implement the Ordinary Grade and Selection Grade Scale of Pay as indicated in Schedule I and Schedule-II of the Tamil Nadu Revised Scales of Pay Rules 1998 at Rs.4000/- and 5000/- respectively to the petitioner Driver from 0101-1996 and pay all arrears within a stipulated time period. For Appellant : Mr. V.R.Shanmuganathan For Respondent : Mr. Ravi

JUDGMENT

[Judgment of the Court was delivered by SUBRAMONIUM PRASAD, J.) The instant writ appeals have been filed challenging the order dated 29.03.2012.

2. The issue arising in these appeals are covered by the judgment of the Hon'ble Supreme Court in P.Singaravelan and others etc., v. The District Collector, Tiruppur and others etc. (Civil Appeal Nos.9533-9537 of 2019), wherein the Hon'ble Supreme Court has

decided the issue in favour of the State Government. The appellants before the Supreme Court however filed review petitions as against the judgment dated 18.12.2019, which are pending.

3. In view of the judgment of the Hon'ble Supreme Court, the instant writ appeals are allowed. However, in case, the Review Petitions end in favour of the respondents herein, it is always open to the respondents to reopen the issue by filing appropriate petitions. However, there shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) RR To

1. The Joint Director of Health Service, Tirunelveli District, Tirunelveli.

2. The Deputy Director of Medical and Rural Health and Family Welfare,Tirunelveli.

3. The District Forest Officer, Ayyalur Interface Forestry Division, Dindigul 624 001.

4. The Forestry Extension Officer, Forestry Extension Division, P.K.Agharam Post, Trichy.

5. The Addl.Treasury Officer, Trichy.

6. The Secretary to Government, Department of Forest, Secretariat, Chennai.

7. The Secretary to Government of Tamilnadu, Highways and Minor Ports Department, Secretariat, Chennai-9.

8. The Director General (Highways), Chepauk, Chennai-5.

9. The Divisional Engineer (H), Highways Department, Madurai Division, Madurai-625007.

10. The Divisional Engineer (H) Highways Department, Dindigul Division, Dindigul-624001.

11. The Divisional Engineer (H) Highways Department, Theni Division, Theni-624001.

12. The Divisional Engineer (H) Highways Department, Virudhunagar Division, Virudhunagar District.

13. The Joint Director Of Agriculture, Nirupar Colony, Tirunelveli District.

14. The Assistant Director Of Agriculture, Tirunelveli.

15. The Joint Director Of Agriculture, Senkottai.

16. The Assistant Director Of Seed Certification,Tirunelveli.

17. The District Treasury Officer Tirunelveli. +1 CC to Mr.K.P.NARAYANA KUMAR, Advocate ( SR-9062[F] dated 28/02/2020 ) JUDGMENT MADE IN W.A.[MD]Nos.513 of 2012,798/2012, 18/2014, 19/2014, 1120/2014 and 470/2016 26.02.2020 VB(18.03.2020) 10P 19C