MAGESH Vs. METROPOLITAN TRANSPORT CORPORATION, CHENNAI

JUDGEMENT

(1.) All the petitioners herein were appointed in various posts like Driver, Junior Helper etc. in the respondent Corporation on various dates in 1997 and 1998. They are all appointed on compassionate ground in terms of the Scheme applicable to the respondent Corporation. Earlier to the appointment of the petitioners, in 1997, there was another batch of appointments on compassionate ground and those persons were originally appointed as trainees for the period of three years and on completion of the same, they were all placed on regular time scale of pay. The time scale of pay as made applicable to the similarly placed persons is Rs.3240-60-4680 during the relevant point of time. After declaration of probation, their services will be confirmed. According to the petitioners, this was the practice all along.

(2.) The petitioners herein were also appointed as trainees initially in the year 1998 for a period of 36 months. However, after completion of 3 years training period, they were not placed on regular time scale of pay like other similarly placed persons, but, continued to be paid on consolidated pay at Rs.850/-per month until 2005. Only on 1.9.2005, the petitioners herein were placed on probation in the regular time scale of pay of Rs.4270-60-5710 and after declaration of their probation, their services were confirmed thereafter.

(3.) Subsequent to the appointment of these petitioners, other batch of compassionate appointees were recruited in the year 2009 and in their case also, the Corporation had placed them on regular time scale of pay on completion of 3 years of service and on declaration of their probation, their services came to be confirmed in 2012. The grievance of the petitioners herein is that in respect of their batch alone, the Corporation has shown a different treatment in the matter of placing them in the regular time scale of pay and denied placing the petitioners on regular time scale of pay for over 5 years. In the said circumstances, the petitioners submitted representations to the Corporation for grant of regular time scale of pay on their completion of 3 years of training and subsequent confirmation thereof, as given to other similarly placed appointees. However, the representations did not evoke any response from the officials of the Corporation and therefore, they are before this Court seeking the issue of Writ of Mandamus.