BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/02/2011 CORAM THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD) Nos.130 to 132 of 2011 Forest Extension Officer, Forest Extension Division, Ponnakudi -627 151 Tirunelveli District. ... Appellant in all W.As. Vs. 1.M.Balakrishnan ... Respondent in W.A.No.130/2011 2.M.Lingamuthu ... Respondent in W.A.No.131/2011 3.S.Joseph ... Respondent in W.A.No.132/2011 Appeals filed under Clause 15 of the Letters Patent against the order, dated 26.08.2010 in W.P.(MD)Nos.10594, 10596 and 10597 of 2010. !For Appellant ... Mr.M.Rajarajan Government Advocate ^For Respondents... Mr.K.Ravi :JUDGMENT
R.SUBBIAH,J.
These writ appeals arise out of a common order dated 26.08.2010 passed in
W.P.(MD)Nos.10594, 10596 and 10597 of 2010 whereby the learned single Judge
allowing the writ petitions filed by the respondents quashed the letter dated
1.10.2007 passed by the Secretary to Government, Finance (Pay Cell) Department,
with a direction to pass appropriate orders in respect of fixation of pay in
selection grade and special grade to the drivers of various Government
departments relating to the writ petitioners/respondents as per G.O.Ms.No.162,
Finance (Pay Cell) Department, dated 13.04.1998 and confer the said benefits.
2.The respondents are working as drivers in the forest department. They
were awarded selection grade and special grade on different dates. But they were
not given increased scale of pay as per G.O.Ms.No.162, Finance (Pay Cell)
Department, dated 13.04.1998. It is the grievance of the respondents that most
of the Head of the Department have extended the benefits of selection/special
grades in the scale of pay at Rs.5,000/- and Rs.5,500/- to most of the drivers
working in different departments since they have no promotional avenues. Though
selection/special grade scale of pay was extended to the drivers who are working
in different departments as per G.O.Ms.No.162, Finance (Pay Cell) Department,
dated 13.04.1998, the forest department has not implemented the same. On earlier
occasion, in the writ petition in W.P.No.25889 of 2010 filed by some of the
drivers of the forest department, one of us (NPVJ) by order dated 16.11.2010
directed the appellant/department to implement the said G.O.Ms.No.162, Finance
(Pay Cell) Department, dated 13.04.1998. Even in the writ appeal in W.A.Nos.383
to 391 of 2009, this Court has held as follows:
“15.In that view of the matter, the authorities are bound to implement the
Selection Grade and Special Grade scale of pay as indicated in Schedule – II of
the Tamil Nadu Revised Scales of pay Rules 1998 and they cannot refuse to extend
the benefit uniformly to all the drivers who have no promotional avenues. We
find no illegality or infirmity in the order of the learned single Judge
warranting interference of this Court.
16.The writ appeals filed by the Government fail and stand dismissed. No
costs. Connected Miscellaneous Petitions are closed.
17.In view of the dismissal of the writ appeals preferred by the
Government as against the quashing of the impugned letter issued by the first
appellant by the learned single Judge, W.P.No.893 of 2009 filed by the member of
the Association is allowed. No costs”.
3.The learned single Judge by following the said judgment directed the
appellant to implement the said G.O.Ms.No.162, Finance (Pay Cell) Department,
dated 13.04.1998 to the respondents.
4.Hence, we do not find any infirmity in the order passed by the learned
single Judge. The writ appeals are dismissed accordingly. No costs.
Consequently, connected M.P.are closed.
sms
To
Forest Extension Officer,
Forest Extension Division,
Ponnakudi -627 151
Tirunelveli District