2019 Supreme(SC) 1393

SUPREME COURT OF INDIA
MOHAN M.SHANTANAGOUDAR, KRISHNA MURARI, JJ.
P. Singaravelan & Ors. Etc. Etc. – Appellants
Versus
The District Collector, Tiruppur and DT & Ors. Etc. Etc. – Respondents
Civil Appeal Nos.9533-9549, 9551-9561 of 2019 (arising out of S.L.P. (C) Nos.5395-5399, 5367-5375, 5605-5613, 5391-5393 of 2016) [Diary No. 42301 of 2017]
Decided On : 18-12-2019

IMPORTANT POINTS
(1) Dismissal of SLP against order or judgment of a lower forum is not an affirmation of same.
(2) A person cannot invoke Article 14 to claim a benefit extended to someone similarly placed if he is not lawfully entitled to such benefit in first place.
(3) Persons employed in the post of drivers in various departments in 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 1998 Rules.

Headnote:

(A) Constitution of Indian – Article 141 – Law of land – Dismissal of SLP against order or judgment of a lower forum is not an affirmation of same – If such order of this Court is non-speaking, it does not constitute a declaration of law under Article 141 of Constitution, or attract doctrine of merger. (Para 7)

(B) Constitution of Indian – Article 14 – Right to equality – A person cannot invoke Article 14 to claim a benefit extended to someone similarly placed if he is not lawfully entitled to such benefit in first place – Article 14 embodies concept of positive equality alone and not negative equality – It cannot be relied upon to perpetuate an illegality or irregularity – This principle extends to orders passed by judicial Fora as well – Jurisdiction of a higher court cannot be invoked on the basis of a wrong order passed by a lower forum – Appellants cannot claim such relief on strength of Article 14 of Constitution of India when once it has been found that they are not lawfully entitled to the same. (Para 23)

(C) Service Law – Pay Scale – Claim for grant of Selection Grade and Special Grade scales of pay – Appellants are claiming grant of Selection Grade and Special Grade scales of pay in bracket of Rs. 5000-8000 and Rs. 5500-9000 respectively in terms of G.O. Ms. No. 162, Finance (Pay Cell) Department dated 13.04.1998 which has been granted to around 3000 similarly placed employees – There has been no pronouncement by this Court constituting law of land as to interpretation of G.O. Ms. No. 162 – Drivers in various departments of Government of Tamil Nadu were entitled to revised Ordinary Grade pay scales as per Schedule I – Since they did not have any promotional avenues, Selection Grade and Special Grade pay scales under Schedule II would become applicable as and when they completed 10 and 20 years of service respectively – Apart from claiming parity with similarly placed individuals, Appellants have been unable to justify how and why they are entitled to Selection Grade and Special Grade pay scales of Rs. 5000-8000 and Rs. 5500-9000 as specified in Serial No. 8 of Schedule II to 1998 Rules, in terms of G.O. Ms. No. 162 – Applicable pay scales for Selection Grade and Special Grade would be as per Serial No. 6 of Schedule II to 1998 Rules, i.e. Rs. 4000-6000 and Rs. 4300-6000 respectively – Appellants are not lawfully entitled to claim Selection Grade and Special Grade pay scales of Rs. 5000-8000 and Rs. 5500-9000 respectively in terms of G.O. Ms. No. 162 solely on strength of earlier decisions of High Court, without showing how they themselves, are entitled to such benefit in first place – In such a situation, Appellants can only be granted benefit of Selection Grade and Special Grade scales of pay to which they are lawfully entitled in terms of G.O. Ms. No. 162, i.e. Rs. 4000- 6000 and Rs. 4300-6000 respectively – Impugned judgment is confirmed. [Tamil Nadu Revised Scales of Pay Rules, 1998 – Schedule II] (Paras 8, 10, 20, 21, 23, 24 and 25)

Facts of the case:

Present appeals have been filed against the common final judgment and order dated 08.07.2015 passed by the High Court of Judicature at Madras allowing writ appeals filed by Respondents herein, being state authorities, and dismissing writ petitions filed by the Appellants herein, being drivers in various departments of the Government of Tamil Nadu, with respect to the Selection Grade and Special Grade scales of pay applicable to them.

Findings of Court:

Appellants cannot claim Selection Grade and Special Grade scales of pay of Rs. 5000-8000 and Rs. 5500-9000 respectively, solely on the strength of earlier decisions of the High Court, without showing how they, themselves, are entitled to such benefit in the first place. In such a situation, we are of the considered view that Appellants can only be granted the benefit of the Selection Grade and Special Grade scales of pay to which they are lawfully entitled in terms of G.O. Ms. No. 162, i.e. Rs. 4000-6000 and Rs. 4300-6000 respectively.

Result : Appeals allowed partly.