In a recent landmark judgment, the Supreme Court of India settled the dispute regarding the entitlement of Selection Grade and Special Grade pay scales for the drivers employed in various departments of the Government of Tamil Nadu. The case, involving the state authorities and the drivers, culminated in a crucial ruling defining the applicable pay scales as Rs. 4000-6000 and Rs. 4300-6000. Discover the details of this significant verdict by the Supreme Court!
Facts
- The appeals have been filed against the common final judgment and order dated 08.07.2015 passed by the High Court of Judicature at Madras.
- The High Court allowed the writ appeals filed by state authorities and dismissed the writ petitions filed by drivers in various departments of the Government of Tamil Nadu.
- The Appellants are claiming the grant of Selection Grade and Special Grade scales of pay in the bracket of Rs. 5000-8000 and Rs. 5500-9000 respectively.
- They rely on G.O. Ms. No. 162, Finance (Pay Cell) Department dated 13.04.1998, which has been granted to around 3000 similarly placed employees.
- The Appellants cite various decisions of the Supreme Court and the High Court of Madras in support of their claim.
- W.P. No. 2363 of 2013 was filed by the drivers employed with the High Court of Madras.
- They sought quashing of paragraph 5 of Letter No. 63305/Pay Cell/2010-1 dated 08.11.2010 issued by the State Government.
- The Division Bench allowed the writ petition stating that the drivers were not entitled to promotional avenues and deserved full benefits of the appropriate pay scale under Schedule II of the 1998 Rules.
- It was found that the drivers were entitled to benefits under Serial No. 8 of the said schedule based on the disposal of similar matters by the High Court and the Court.
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Arguments
- The Respondents argue in favor of the impugned judgment.
- They claim that the initial grant of the claimed pay scale to some drivers was due to errors by government officials.
- They state that the applicable pay scales are Rs. 4000-6000 and Rs. 4300-6000 for Selection Grade and Special Grade respectively.
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Analysis
- The High Court made an error by not referring the matter to a larger Bench when it found disagreement with its coordinate Bench.
- Despite the disagreement, the matter will not be remanded to the High Court for fresh consideration at this stage.
- Appellants are not lawfully entitled to the claimed Selection Grade and Special Grade pay scales of Rs. 5000-8000 and Rs. 5500-9000 respectively.
- Article 14 cannot be invoked to claim a benefit if not lawfully entitled to it in the first place.
- Drivers are entitled to Ordinary, Selection, and Special Grade pay scales of Rs. 3200-4900, Rs. 4000-6000, and Rs. 4300-6000 respectively.
- The High Court erred by directing fixation of higher pay scales to drivers employed at the High Court.
- Dismissal of SLPs against the orders is not an affirmation of the same.
- The Appellants failed to justify their entitlement to the higher pay scales specified in Serial No 8 of Schedule II.
- The High Court rightly concluded that the drivers were entitled to the full benefits of the appropriate pay scale under Schedule II of the 1998 Rules.
- The dispute lies in the entries under Schedules I and II applicable to the post of drivers.
- The applicable pay scales for the Selection Grade and Special Grade should be Rs. 4000-6000 and Rs. 4300-6000 respectively.
- Article 14 of the Constitution is not intended to perpetuate illegality or fraud.
- Negative equality cannot be enforced by a citizen or court.
- A wrong decision in favor of a party does not entitle any other party to claim benefits based on that wrong decision.
- If an order of the Court is non-speaking, it does not constitute a declaration of law under Article 141 of the Constitution or attract the doctrine of merger.
- The decision of a superior forum in an appeal or revision merges the decision of the subordinate forum, and it is the decision of the superior forum that remains operative and enforceable in the eye of the law.
- If some individuals have been granted relief or benefits inadvertently or by mistake, others do not automatically have a legal right to the same relief.
- Appellants entitled to Selection Grade and Special Grade scales of pay as per G.O. Ms. No 162
- Benefit limited to Rs. 4000-6000 and Rs. 4300-6000 respectively
- Cannot claim higher scales of pay without showing entitlement
- No interference with impugned judgment
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Decision
- 1.1
- 1.2
- 1.3
- 1.4
- 1.5
Case Title: P. SINGARAVELAN AND ORS.ETC. ETC. Vs. DISTRICT COLLECTOR, TIRUPPUR AND DT AND ORS. ETC ETC
Case Number: C.A. No.-009533-009537 / 2019
