V MARIAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD both sides.

(2.) THE respondents have filed counter.

(3.) THESE writ petitions are directed against the letter of the first respondent dated 1. 10. 2007. The said letter itself came to be issued by the Secretary to Government pursuant to the direction given by this Court in W. P. No. 34800/2006. It is seen that the Tamil Nadu Government Department Drivers? Central Association represented by its General Secretary, R. Arumugam has earlier filed the above said Writ Petition to set aside the order of the second respondent 25. 4. 2006 by which the second respondent has rejected the claim of the said association of drivers to follow the benefits given by the Government in G. O. Ms. No. 162, Finance (Pay Cell) Department dated 13. 4. 1998 in respect of payment of salary to the drivers working in the various Government Departments by conferring the mere basic pay to the selection grade and special grade drivers. In the said writ petition taking into consideration that the writ petition has been filed by the association and therefore, the members of the said petitioner association can make individual representations based on the G. O. Ms. No. 162, Finance (Pay Cell) Department dated 13. 4. 1998 and thereupon directed the respondents therein to pass appropriate orders. Pursuant to the said direction, individual drivers have made representations to which present impugned letters have been given by the 1st respondent on 1. 10. 1997, denying the right conferred to the drivers in the various Government Departments by fixing the basic pay of Rs. 5,000/- and Rs. 5,500/-to the selection grade and special grade drivers respectively. The first respondent relies upon the letter of the Finance (P. C.) Department, dated 31. 12. 1998 stating that the drivers in the ordinary grade are entitled for the pay at the rate of Rs. 3,050/- and therefore, as per schedule II of G. O. Ms. No. 162, Finance (Pay Cell)Department, dated 13. 4. 1998 conferring selection grade and special grade such drivers would be entitled for Rs. 4,000/- as basic pay in the selection grade and Rs. 4,300/- as basic pay in the special grade and by mistake, the same has been fixed as Rs. 5,000/- and Rs. 5,500/- respectively by wrongly taking into consideration the basic pay of drivers in the ordinary grade as Rs. 4,000/ -. This is also the stand taken by the respondents in their counter affidavit.