Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.)

The present writ appeals are filed against the order dated 01-06-2023 made in Rev.Aplw.Nos.24 and 25/2020 in WP.Nos. 27639 and 15798 of 2010.

2. The Tamil Nadu Water Supply and Drainage Board (hereinafter referred to as 'TWAD Board') is the appellant. The respondents herein were appointed to the post of Rig Helper.

3. The facts in brief are that the respondent in W.A.No.2613 of 2024 was appointed as Rig Helper vide appointment order dated 05.06.1987. Likewise, the respondent in W.A.No.2670 of 2025 was appointed as Helper on 22.05.1987. Thereafter, based on the Government Orders issued in respect of revision of pay scale and re-designation of posts as Grade-I and Grade-II posts, B.P.Ms.No.505 dated 12.12.1986 was issued. Since the post in which the respondents were working was not included in the Government Orders, some of the similarly placed employees filed I.D.No.147 of 1993, wherein Award dated 07.11.1996 was passed fixing the scale of pay for certain posts. Subsequently, the Board issued separate Board Proceedings in B.P.No.547 dated 04.02.1997 re-designating the post of Helper / Rig Helper as Assistant Driller and fixed their scale of pay at Rs.950-1500/-.

4. The respondents along with two other employees of the Board filed a writ petitions in W.P.Nos.15798 and 27369 of 2010 to direct the appellants herein to implement Board Proceedings in B.P.No.505 dated 12.12.1986 and grant all the benefits. The Writ Court dismissed the writ petitions on 17.10.2012. Writ appeals came to be filed in W.A.Nos.1709 to 1712 of 2014 and the Division Bench passed an order on 01.08.2018 recording that, in respect of some of the employees wages have been fixed in this connection in proceedings dated 21.11.2012. Since the said letter was not brought to the notice of the learned Single Judge, the Division Bench granted liberty to the writ petitioners to file appropriate review petitions. Thereafter, Review Application Nos.24 and 25 of 2020 were filed. The learned Single Judge allowed the Review Applications and granted the benefit of revised scale of pay. Challenging the said order, the present appeals have been filed by the Board.

5. Learned Senior Counsel appearing on behalf of the TWAD Board would submit that the claim of the respondents seeking higher scale of pay is stale and untenable on the ground that the TWAD Board issued a proceeding in BP No.505 dated 12.12.1986 pursuant to the Government Orders as per which, the employees who have passed SSLC and holding ITI certificate were given the pay scale of Rs.610 to Rs.1075 and the employees who have failed in SSLC but having ITI certificate were given the pay scale of Rs.555/- to Rs.970/- irrespective of their posts. However, the learned Single Judge failed to consider that non-inclusion of the posts of Helper / Rig Helper etc., in B.P.No.505 dated 505 dated 12.12.1986. That apart, the learned Judge also failed to consider that another Board Proceedings in B.P.No.547 dated 04.12.1997 was issued for the purpose of re-designation of the said posts as Assistant Drillers with a higher scale of pay of Rs.950-1150/-.

7. Learned counsel for the respondent Mr.S.Muthukrishnan for Mr.M.Sridhar would oppose by stating that Union approached the Labour Court in I.D.No.147 of 1993 and an award was passed by the Labour Court, Tirunelveli on 07.11.1996. Based on the said award, the pay scale of Rs.610/- was granted to a set of employees. Therefore, the said benefit is to be extended to the respondents. He also submits that the Division Bench of Madurai Bench has passed an order in favour of similarly placed employees like that of the respondents. The Board also granted Grade I scale of pay to those employees. While so, the said benefit cannot be denied to the respondents. Thus, the order passed by the learned Single Judge in the writ petitions is to be confirmed and the writ appeals filed by the Board are to be rejected.

8. This Court has carefully