G H P. SINGARAVELAN & ORS. ETC. ETC versus THE DISTRICT COLLECTOR, TIRUPPUR AND DT & ORS. ETC. ETC.

G H P. SINGARAVELAN & ORS. ETC. ETC versus THE DISTRICT COLLECTOR, TIRUPPUR AND DT & ORS. ETC. ETC.

The appellants were not lawfully entitled to the claimed higher Selection and Special Grade pay scales of Rs.5000-8000 and Rs.5500-9000 under G.O. Ms. No.162; Article 14 cannot be invoked to claim benefits based solely on parity with others who received such benefits erroneously; the correct applicable pay scales for drivers are Ordinary Rs.3200-4900, Selection Rs.4000-6000 and Special Rs.4300-6000 as per Serial No.6 of Schedule II to the 1998 Rules; non-speaking SLP dismissals are not binding declarations of law and a High Court differing from a coordinate Bench should have referred the question to a larger Bench though the Supreme Court adjudicated the matter on merits.

Parties
Appellants: P. Singaravelan & Ors.; Respondents: The District Collector, Tiruppur and Dt. & Ors.
Jurisdiction
India
Judgment Date
18 December 2019
Procedural Posture
Civil Appeal / On Appeal From High Court Judgment
Outcome
Main civil appeals dismissed and impugned judgment of Madras High Court dated 08.07.2015 affirmed; Civil Appeals @ SLPs [Diary No. 42301/2017] allowed partly.
Legal Topics
Pay Scales, Article 14 Equality, Non Speaking Orders, Judicial Discipline, Reference to Larger Bench
Service Law Constitutional Law Administrative Law Pay Scales Article 14 Equality Non Speaking Orders Judicial Discipline Reference to Larger Bench

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Parties

P. Singaravelan & Ors.

Appellants

The District Collector, Tiruppur and Dt. & Ors.

Respondents

Procedural Posture

Civil Appeal / On Appeal From High Court Judgment

Legal Issues

  1. 1 Whether appellants are entitled to Selection Grade and Special Grade pay scales of Rs.5000-8000 and Rs.5500-9000 under G.O. Ms. No.162 and Schedule II to the 1998 Rules
  2. 2 Whether Article 14 can be invoked to claim benefits granted to others who were similarly placed when claimants are not lawfully entitled
  3. 3 Whether non-speaking dismissals of SLPs by the Supreme Court constitute binding precedent or merger of earlier orders

Ratio Decidendi

The appellants were not lawfully entitled to the claimed higher Selection and Special Grade pay scales of Rs.5000-8000 and Rs.5500-9000 under G.O. Ms. No.162; Article 14 cannot be invoked to claim benefits based solely on parity with others who received such benefits erroneously; the correct applicable pay scales for drivers are Ordinary Rs.3200-4900, Selection Rs.4000-6000 and Special Rs.4300-6000 as per Serial No.6 of Schedule II to the 1998 Rules; non-speaking SLP dismissals are not binding declarations of law and a High Court differing from a coordinate Bench should have referred the question to a larger Bench though the Supreme Court adjudicated the matter on merits.

Court Disposition

Main civil appeals dismissed and impugned judgment of Madras High Court dated 08.07.2015 affirmed; Civil Appeals @ SLPs [Diary No. 42301/2017] allowed partly.

Orders

  • Instant appeals dismissed and the impugned judgment dated 08.07.2015 of the High Court of Madras confirmed
  • State Government directed to fix pay scale benefits for the respondents in Civil Appeals @ SLPs [Diary No. 42301/2017] in terms of Serial No.6 of Schedule II of the 1998 Rules under G.O. Ms. No.162, i.e. Ordinary Grade Rs.3200-4900, Selection Grade Rs.4000-6000 and Special Grade Rs.4300-6000