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2013 Supreme(Mad) 3880
High Court of Judicature at Madras
D. HARIPARANTHAMAN, J.
K. Mani & Others
Versus
The State Of Tamil Nadu, Rep. by its Secretary, Finance (Pay Cell) Department & Another
Writ Petition Nos. 1418, 10946 to 10948, 10974, 11285, 18275, 18770 to 18789, 18880, 18881, 19501, 20605 to 20650, 22279 to 22299 & 22342 to 22355 of 2013 & Connected Miscellaneous Petitions
Decided On : 18-11-2013
Advocate Appeared:
For the Petitioners:L. Chandrakumar, Advocate.
For the Respondents:AL. Somayaji, Advocate General assisted by V. Subbiah, Special Government Pleader.
The petitioners are not entitled to Selection Grade and Special Grade pay of Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of their service as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 with effect from 01.01.1996.
Headnote:
The petitioners, Drivers in various departments of the Tamil Nadu Government, sought for the issuance of writ in the nature of Mandamus directing the Government to pay them Selection Grade and Special Grade at Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of service respectively as per the Government Order in G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 of the Tamil Nadu Government. The court held that the petitioners are not entitled to Selection Grade and Special Grade pay of Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of their service as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 with effect from 01.01.1996.
Fact of the Case:
The petitioners, Drivers in various departments of the Tamil Nadu Government, sought for the issuance of writ in the nature of Mandamus directing the Government to pay them Selection Grade and Special Grade at Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of service respectively as per the Government Order in G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 of the Tamil Nadu Government.
Finding of the Court:
The court held that the petitioners are not entitled to Selection Grade and Special Grade pay of Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of their service as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 with effect from 01.01.1996.
Issues: Whether the petitioners are entitled to Selection Grade and Special Grade pay of Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of their service as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 with effect from 01.01.1996.
Ratio Decidendi: The court held that the petitioners are not entitled to Selection Grade and Special Grade pay of Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of their service as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 with effect from 01.01.1996. The court reasoned that the petitioners are not able to point out as to how they are entitled to the ordinary grade scale of pay at Rs.4000-6000 as on 01.01.1996 as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998, and unless the petitioners establish that they are entitled to the Ordinary Grade Pay of Rs.4000-6000, they are not entitled to the corresponding Selection / Special Grades pay of Rs.5000-8000 and 5500-9000. On the other hand, as as per G.O.Ms.No.162, the Ordinary Grade scale of pay of the Drivers is Rs.3200-4900 as 01.01.1996 and the persons, who were in receipt Rs.1200-2040 prior to 01.01.1996, were only given Rs.4000-6000 revised scale of pay, but the Drivers were not given Rs.1200-2040 before 01.01.1996 and they were given only Rs.975-1660, for which Rs.3200-4900 is the ordinary Grade pay.
Final Decision: The writ petitions fail and the same are dismissed.
1. Since common question is involved in all these writ petitions, all these writ petitions are disposed of by a common order.
2. The petitioners in all these petitions are Drivers in various departments of the Tamil Nadu Government. They have sought for the issuance of writ in the nature of Mandamus directing the Government to pay them Selection Grade and Special Grade at Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of service respectively as per the Government Order in G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 of the Tamil Nadu Government.
3. Therefore, the issue for consideration is as to whether the Drivers in various Departments of Tamil Nadu Government are entitled to Selection Grade and Special Grade pay in Rs.5000-150-8000 and Rs.5500-175-9000 on completion of 10 years and 20 years of their service as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 with effect from 01.01.1996.
4. Heard both sides.
5. This Court put a question to the learned counsels for the petitioners to point out from the Government Order in G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 to sustain their claim for Selection Grade and Special Grade at Rs.5000-150-8000 and 5500-175-9000.
6. Admittedly they are not able to lay their hands in G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998, in support of their contentions. But they relied on a judgment of a learned Single Judge of this Court dated 30.09.2008 in W.P.No.4288 of 2008 batch, and the order of the Division Bench of this Court dated 01.09.2009 in W.A.No.383 of 2009 batch confirming the aforesaid order of the learned Single Judge.
7(i). On the other hand, learned Advocate General submitted that the claim of the petitioners are in fact based on the erroneous fixation of Selection Grade and Special Grade at Rs.5000-150-8000 and 5500-175-9000 respectively to Drivers in some of the departments.
7(ii). It was submitted that the Government of Tamil Nadu constituted an Official Committee to examine the question of revision of scales of pay and allowances of the State Government employees and Teachers based on the decisions of the Central Government on the basis of the recommendations of the Fifth Central Pay Commission and make necessary recommendations regarding extension of these pay scales to State Government employees and Teachers.
7(iii). The Committee gave its report to the Government. Based on the report, the Government issued G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 revising the pay scales to State Government employees and Teachers.
7(iv). The Drivers of various departments sought for Selection Grade and Special Grade pay at Rs.5000-150-8000 and Rs.5500-175-9000 respectively as per the Government Order in G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998
7(v). According to him, G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998, nowhere grants Selection Grade and Special Grade pay to the Drivers as sought for by them. He took me through G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 and submitted that G.O.Ms.No.162 revised the pay scale on 'pay scale to pay scale' basis, as per Schedule I to Tamil Nadu Revised Scales of Pay Rules, 1998, in 25 standard pay scales. He further submitted that while Schedule I indicates the revised pay scales on 'pay scale to pay scale' basis, Schedule II has prescribed the Selection Grade and Special Grade pay for the ordinary grade pay.
7(vi). While 25 standard revised pay scales are given in Schedule I, the Schedule II gives 18 ordinary grade pay scales and the corresponding Selection Grade and Special Grade pay scales. The Selection Grade and Special Grade pay for eighteen pay scales is from Rs.2550-3200 to Rs.9100-14050, in Schedule II.
7(vii). He further submitted that the drivers in all the Government departments were in the pay of Rs.975-25-1150-30-1660 prior to 01.01.1996 and
