The Deputy Director Of Health v. N.Murugaiya
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.731 of 2017 and CMP(MD).No. 5495 of 2017 The Deputy Director of Health Services, Race Course Road, Trichy : Appellant Vs.
1.N.Murugaiya 2.S.Murugesan 3.M.Boopathi 4.M.Kumar, 5.M.Sankaran 6.R.Subash Pandian 7.V.Dharmaraja 8.P.Appar 9.K.Selvaraj 10.C.Gunasekaran 11.K.Thangasamy 12.R.Sekar 13.K.Ganesan 14.M.S.Gurusamy 15.S.Banumoorthy, 16.U.Sivakumar, 17.P.Sathasivam 18.R.Pethicmuthu 19.P.Ganesan 20.S.Munisasamy 21.Sangili Raja 22.S.Chandran 23.The Joint Director of Health Services, Government Headquarters Hospital, Ramanathapuram District 24.The Deputy Director of Health Services, O/o.Old Police Station, Samathanapuram
25.The Deputy Director of Family Welfare, O/o.Tirunelveli Medical College Campus, Ponnusamy Bungalow Compound, Tirunelveli District.
26.The Government Primary Health Centre, Munjipatti (Post), Nanguneri (TK), Tirunelveli District, .
27.The Deputy Director of Health Services, Collectorate Campus, Ramanathapuram District.
28.The District Social Welfare Officer, Collectorate Campus, Ramanathapuram District, 29.The Designated Officer, Tamil Nadu Food Safety and Drug Administrative Department, Collectorate Campus, Ramanathapuram District.
30.The Block Development Officer, Village Panchayat, Paramakudi.
31.The Block Medical Officer, Government Primary Health Centre, Bogalur paramakudi, Ramnad District, 32.The Block Medical Officer, Government Primary Health Centre, Keelathuval, Muthukulathur (TK) Ramnad District.
33.The Block Medical Officer, Government Primary Health Centre, R.S.Mangalam, Ramnad District.
34.The Block Medical Officer, Government Primary Health Centre, Ramnad District.
35.The Block Medical Officer, Government Primary Health Centre, Pondubudi @ Thondi Ramnad District.
36.The Superintendent Engineer, Agricultural Engineering Department, No.2, Jail Corner, Subramaniyapuram, Trichy -20.
37.The Executive Engineer, Agricultural Engineering, Virudhunagar, 38.The Block Medical Officer, Government Primary Health Centre, Zaminkollankondan, Rajapalayam Taluk, Virudhunagar District.
39.The Block Medical Officer, Government Primary Health Centre, Devipattinam, Ramnad District.
40.The Deputy Director of Health Service, Paramakudi (HOD), Paramakudi.
41.The District Treasury Officer, Collectorate Campus, Ramanathapuram.
42.The Hosur Treasury, Collectorate Campus, Tirunelveli 43.The Hosur Treasury, Trichy.
44.The District Treasury Officer, Collectorate Campus, Tirunelveli.
45.The Sub-Treasury Officer, Paramakudi 46.The Sub -Treasury Officer, Mutukulathur 47The Sub -Treasury Officer, Thiruvadanai.
48.The Sub- Treasury Officer, Madapam Campus 49.The Assistant Treasury Officer, Rajapalayam, Virudhunagar District.
50.The Sub Treasury Officer, Rajapalayam, Virudhunagar District.
51.The Sub Treasury Officer, Ramanathapuram.
52.The Personal Assistant to Collector, Rural Development Officer, Ramanathapuram.
Respondents/Respondents (Respondents 2 - 52 are the formal petitioner, hence, they are given up) PRAYER: The Writ Appeal is filed under Clause 15 of Letters Patents Act, against the order dated 19.07.2013 passed in W.P. (MD).No.11543 of 2013.
Prayer in WP(MD). 11543/ 2013 :
Writ Petition is filed under Article 226 of the 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 and pass such further or other orders.
For Appellants :Mr.V.R.Shanmuganathan Special Government Pleader For Respondent :Mr.M.Ravi, for 7,20 and 21
JUDGMENT
************* [Judgment of the Court was made by T.S.SIVAGNANAM, J.] The legal issue arising for consideration in these appeals are squarely covered by the decision of the Hon'ble Division Bench of this Court, in the case of The Director of Sericulture Department, Salem Vs. K.Kumar, reported in 2015 (4) CTC 241, where in this Court has held in paragraphs 42 and 43 as follows 42.Therefore, in the result, all the Writ Petitions filed by the individual employees claiming Selection Grade Scale of Pay of Rs.5,000 - 8,000 and Special Grade Pay Scale of Rs5,500 - 9,000 are liable to be dismissed. However, there are a few Writ Petitions such as W.P.No.23550 of 2010, 5498 of 2012 and 30616 of 2012,where the employees claim that they are not even granted the
admissible Selection Grade and Special Grade scales pay of Rs.4,000 - 6,000 and Rs.4,300 - 6,000 respectively. 43.Therefore, with a clarification that all the Petitioners in the Writ Petitions and the Respondents in the Writ Appeals are entitiled only to a Selection Grade Scale of Pay of Rs.4,300 - 100 -6 000, but no more than that, all the Writ Petitions filed by the Employees are dismissed. All the Writ Appeals filed either by the State Government of by various Heads of Department or by Various Officers of the Government or by Various Local Bodies or Boards or Corporations, Shall stand allowed. There will be no order as to costs.
2.Following the same, present writ appeals are allowed. Consequently, all the writ petitions are dismissed and The writ petitioners in the writ petition and the respondents in the writ appeals are entitled to a higher category of seniority, in terms of the decision of the Hon'ble Division Bench. No Costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-I) / True Copy / Sub Assistant Registrar(C.S.) dsk/rmk W.A.[MD].No.731 of 2017 and CMP(MD).No. 5495 of 2017
15.06.2017