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

Summary

Tamil Nadu drivers were entitled under the 1998 pay revision to Selection Grade Rs.4000–6000 and Special Grade Rs.4300–6000, rather than the higher brackets granted in some earlier cases. Non-speaking refusals of special leave did not establish a binding interpretation, and Article 14 did not require repetition of erroneous benefits. The same schedule entry governed the connected High Court drivers’ claims.

Issues

1. Which revised Selection and Special Grade scales applied to drivers.
2. What effect followed from prior non-speaking SLP dismissals and grants to similarly placed drivers.
3. Whether the High Court should have referred disagreement with a coordinate Bench.

Provisions considered

• Schedule I entry XX; Schedule II serial 6, Tamil Nadu Revised Scales of Pay Rules, 1998, under G.O. Ms. No.162 dated 13 April 1998The existing driver scale mapped to Ordinary Grade Rs.3200–4900, Selection Grade Rs.4000–6000 and Special Grade Rs.4300–6000. (¶¶ 10, 11, 20, 20.1, 20.2, 20.3, 24)

Held

• The earlier non-speaking refusals of special leave neither affirmed the underlying judgments as law nor attracted merger or Article 141. They did not preclude determination of the correct interpretation in these appeals. (¶¶ 5, 6, 7, 8)
• The coordinate Bench’s earlier direction implicitly favoured the higher scales. The High Court should have referred its disagreement to a larger Bench, but the Supreme Court decided the merits directly to avoid further delay. (¶¶ 18.1, 18.2, 19)
• The revision history and schedule mappings established entitlement only under serial 6, rather than serial 8. Parity alone could not justify the claimed higher pay scales. (¶¶ 20, 20.1, 20.2, 20.3, 21, 24)
• Article 14 protects positive equality and does not perpetuate mistaken or unlawful benefits, including those resulting from judicial orders in other cases. The claimants had to establish their own lawful entitlement. (¶¶ 22, 23, 24)
• The connected High Court drivers, having no promotional avenues, received full appropriate schedule benefits, but under serial 6 rather than the higher serial 8 brackets. (¶¶ Connected State appeals: 5, Connected State appeals: 6)

Result

Drivers’ appeals dismissed and the impugned judgment confirmed. Connected State appeals partly allowed: High Court drivers’ pay benefits must be fixed under serial 6 of Schedule II, with Selection Grade Rs.4000–6000 and Special Grade Rs.4300–6000.