The Superintending Engineer v. R.Dowlathkhan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.23 of 2020 The Superintending Engineer, Highways and Rural Roads Division, ... Appellant Vs.
1.R.Dowlathkhan 2.R.Veeraiyan 3.M.Sundar 4.S.Kasinathan 5.R.Kathiresan 6.P.Ramachandiran 7.M.Arokiasamy 8.R.Palanivel 9.B.Chandra Sekaran 1/8
10.S.Ramasamy 11.C.Thangapan 12.N.Ponpandian 13.S.Radhakrishnan 14.C.Natarajan 15.R.Parthasarathy 16.A.Thangvelu 17.M.Mariadoss 18.G.Amalraj 19.A.Muthu 20.M.Sivanathan 21.S.Swaminathan 22.M.Savarimuthu 23.N.Gopalakrishnan 24.P.R.Venugopal 25.G.Kaliyamoorthy 26.P.Sakthivel 27.P.Sundaramoorthy 28.The Principal Secretary to Government, Public Health Department, 2/8
Secretariat, Chennai - 600 009.
29.The Secretary to Government, Hindu Religious Endowment Department, Secretariat,Chennai - 600 009.
30.The Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
31.The Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.
32.The Secretary to Government, Forest Department, Secretariat, Chennai - 600 009.
33.The Secretary to Government, Industries and Commerce Department, Secretariat, Chennai - 600 009.
34.The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
35.The Secretary to Government, Public Department, Secretariat, Chennai - 600 009.
36.The District Collector, 37.The Deputy Director of Public Health, Tiruchirappalli - 620 020, 3/8
38.The Joint Director of Public Health and Family Welfare, Head Quarters Hospital, Tiruchirappalli, Tiruchirappalli District.
39.The Assistant Commissioner of Hindu Religious and Endowment Board, Tiruchirappalli 620 002, 40.The Executive Engineer, Public Works Department, Periyar Dam Special Division, Cumbum, Madurai District.
41.The Superintending Engineer, Agriculture Engineering Department, Jail Corner, Tiruchirappalli - 620 020, 42.The Secretary, District Market Committee, Agriculture Department, 199, Madurai Road, Tiruchirappalli - 620 008, 43.The Assistant Director for Ex-Service Men, 19, Wirless Road Cantonment, Tiruchirappalli 620 001, 44.The Superintending Engineer, Water Resource Organisation, Public Works Department, Tiruchirappalli 620 020, 4/8
45.The District Forest Officer, Court Complex, Tiruchirappalli, 46.The Manager, District Industries Centre, 47.The District Educational Officer, Collectorate Complex, Tiruchirappalli 620 001, ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.12866 of 2013 dated 01.08.2013 on the file of this Court. For Appellant : Mr.A.Kannan, Addl. Government Pleader.
JUDGMENT
(By G.R.SWAMINATHAN, J.) Heard the learned Additional Government Pleader appearing for the appellant.
5/8
2.It appears that 20th respondent alone is the contestant. He is said to be no more. His legal heirs have not been brought on record. However, on this score, we need not adjourn the writ appeal to enable the appellants to take steps. It is seen that the issue had already been concluded in view of the decision of the Hon'ble Supreme Court in Civil Appeal Nos.9533 - 9537 of 2019 (P.Singaravelan Vs. The District Collector, Tiruppur). Paragraph Nos.5 and 6 of the said judgment read as follows:- "5. As discussed supra, it has not been disputed before us that the drivers concerned were not entitled to any promotional avenues. Thus, it is evident that the High Court rightly concluded that the drivers were entitled to the full benefits of the appropriate pay scale under Schedule II of the 1998 Rules.
However, in light of our foregoing finding that persons employed in the post of drivers in various departments in the Government of Tamil Nadu are only entitled to Ordinary, Selection and Special Grade pay scales in terms of Serial No. 6 of Schedule II of the 1998 Rules, i.e. at Rs.3200-4900, Rs.4000-6000 and Rs.4300-6000 respectively, we have no hesitation to hold that the High Court erred in directing fixation of such pay scales to drivers employed at the High Court in terms of Serial No.8 of the Schedule II, fixing Selection Grade and Special Grade scales of pay of Rs.5000-8000 and Rs.5500-9000 respectively.
6/8
6. The appeals are therefore allowed partly, to the extent that the State Government is directed to fix the pay scale benefits available to the Respondents in the instant appeals in terms of Serial No.6 of Schedule II of the 1998 Rules under G.O.Ms.No.162."
3.The appellants will have to act only in terms of the decision of the Hon'ble Supreme Court. This writ appeal is closed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 14.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:
The Superintending Engineer, Highways and Rural Roads Division, 7/8
G.R.SWAMINATHAN, J.
and K.RAJASEKAR, J.
ias 14.08.2025 8/8