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2012 DIGILAW 55 (MAD)

A. Alibha v. State of Tamil Nadu Rep. by Secretary to Government, Chennai

2012-01-04

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioners have approached this Court with the prayer to classify the posts of Drivers in the Highways Department Drivers, Grade I and Drivers, Grade II, and Senior Drivers working in Heavy Duty Vehicles and for fixation of pay scale of Grade I Drivers in the scale of at Rs.4000-100-6000 (Ordinary), with suitable revision of scale of pay for Selection and Special Grades. 2. The petitioners are all working as Selection Grade Drivers in the Highways Department having been initially appointed as Drivers through the Employment Exchange. 3. It is the case of the petitioners that prior to introduction of the pay scales recommended by the IV Pay Commission, the scale of pay of Heavy Duty Drivers was Rs.325/- and that of the Light Duty Vehicle Drivers was Rs.315/- (Basic Pay). Consequent to the recommendation of IV Pay Commission, the pay scale of both categories was fixed at Rs.610/-(Basic Pay) with Selection Grade Scale of Pay of Rs.705/- (Basic Pay). Thereafter, as per the recommendation of V Pay Commission, the pay scale of Drivers was fixed at Rs.975-1660 (Ordinary Grade), Rs.1200-2040 (Selection Grade) and Rs.1320-2040 (Special Grade). 4. On the recommendation of Official Committee on Pay Revision, the State of Tamil Nadu revised the scale of pay of Drivers as Rs.3200-4900 (Ordinary Scale), Rs.4000-6000 (Selection Grade) and Rs.4300-6000 (Special Grade). 5. The case of the petitioners, therefore, is that in view of revision of pay scale by the State Government, the petitioners are entitled to the benefit of revision of pay scale and also Selection Grade and Special Grade Scale of Pay, as indicated in Schedule-II of the Tamil Nadu Revised Scales of Pay Rules, 1998, at Rs.5000/- and 5500/-respectively with effect from 01.01.1996. 6.It is not in dispute that this writ is squarely covered by the decision of this Court in W.P.No.22919 of 2010 (TamilNadu Govt. Dept. retired vehicle drivers welfare Association Vs. Government of Tamil Nadu) wherein, this Court, in paragraph 7, was pleased to direct as under: "In view of the above decisions, the relief sought for in this writ petition, has to be granted and accordingly, the members of the petitioners association are entitled to the benefit of G.O.Ms.No.162 Finance (Pay Cell) Department dated 13.4.1998. Government of Tamil Nadu) wherein, this Court, in paragraph 7, was pleased to direct as under: "In view of the above decisions, the relief sought for in this writ petition, has to be granted and accordingly, the members of the petitioners association are entitled to the benefit of G.O.Ms.No.162 Finance (Pay Cell) Department dated 13.4.1998. Accordingly, a mandamus is issued to the respondents to re-fix the pay of members of the association, in selection and special grade scales of pay, adopting the scale of Rs.5,000-150-8,000/- Rs.5,500-175-9,000, as the case may be as per G.O.Ms.No.162, Finance (Pay Cell) dated 13.04.1998 and consequently, pay the revised pension and arrears of difference in salary and arrears of difference in pension w.e.f.01.01.1996,based on such re-fixed scale of pay to retired Drivers the members of the petitioners Association herein, within a period of four months from the date of receipt of a copy of this order." 7. In view of the order passed by this Court, this writ petition is allowed in the same terms, by directing the respondent to refix the pay of the petitioners, in selection and special grade scales of pay adopting in the scale of Rs.5000-150-8000/- and Rs.5500-175-9000/- as the case may be as per G.O.Ms.No.162, dated 13.4.1998, with all consequential benefits. 8. The needful be done within four months of receipt of certified copy of this order. No costs.