K.Gunasekaran v. The Government of Tamilnadu

ORDER This writ petition is filed to call for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings Na.Ka.No.A4/2871/2021, dated 24.08.2022 and quash the same and consequently directing the respondents to regularize the petitioners service par with treating them as Mechanic Grade-I at the initial stage of their appointment and revised their pay scale.

¶2The case of the petitioners is that the petitioners were initially appointed as Helpers through Employment Exchange, who sponsored the candidates with S.S.L.C, pass along with National Trade Certificate and National Apprentice Certificate in the trade of Mechanic (Motor Vehicles). Page3 of 6 Subsequently, the respondents issued a G.O.Ms.No.498, Transport Department dated 16.05.1989 amending the special rules with effect from 16.05.1989, by which, redesignated the post of Helper as Fitter. The grievance of the petitioners is that they possess higher qualification than the one prescribed for the post of Helper. Even at the time of their initial appointment as Helper, they ought to have been appointed as Mechanic Grade-I or its equivalent post. Therefore, they made a representation dated 22.01.2021 to the respondents herein to consider their designation as Mechanic Grade-I by taking note from the date of their respective initial appointment and revision of pay scale for the said post with consequential service and monetary benefits and pensionary benefits. Since the same was not considered, the petitioners have preferred a writ petition in W.P.No.9872 of 2021 and this Court vide its order dated

22.12.2023 dismissed the same as infructuous recording that the petitioners representation was already been considered by the respondents. Pursuant to which, the second respondent passed the present impugned order dated

24.08.2022, rejecting the request of the petitioners. Challenging the same, the present writ petition is filed.

¶3Learned counsel for the petitioner would submit that though the petitioners retired between 2015-2020, after their retirement, they made a representation dated 22.01.2021 to remove the pay anomaly and grant notional promotion to the post of Mechanic Grade-I. Though the petitioners sought for Page4 of 6 promotion to the post of Mechanic Grade-I, inadvertently, the second respondents passed the impugned order stating that as if the petitioners sought for promotion to the post of foreman, which is not sustainable. Accordingly, he prays for appropriate orders.

¶4Learned Special Government Pleader appearing for the respondents would submit that the petitioners were initially appointed as Helpers in the department and the post of Mechanic Grade-I is a second level promotional post from Helper/Fitter, only after getting promotion as Mechanic Grade-II. Therefore, mere possession of the qualification would not entail the petitioners for higher scale of pay or appointment to the higher post. Accordingly, he prays for dismissal of this writ petition.

¶5Heard the learned counsel on either side and perused the materials available on record.

¶6The facts in the present case are not in dispute. Initially, the petitioners were entered as Helper and thereafter, the said post was redesignated as Fitter in terms of G.O.Ms.No.498, Transport Department, dated 16.05.1989 and all these petitioners retired between 2015-2020. At the time of retirement, the first petitioner was retired as Time Keeper; the petitioners 2, 5 & 7 retired as Foreman; the fourth petitioner retired as Firemen; and the petitioners 3 & 6 Page5 of 6 retired as Mechanic Grade-I. Based on the above details, all the petitioners were promoted to the appropriate promotional post based on their qualification and experience. Without assigning the real facts, the petitioners have mechanically filed this writ petition after their retirement, which is not sustainable. Hence, the impugned order passed by the second respondent is need not be interfered with and the same is hereby confirmed. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 28-01-2026 Index: Yes/No Speaking/Non-speaking order VM To:

¶1The Principal Secretary To Government, Transport Department, Secretariat, Chennai-600 009.

¶2The Director, Motor Vehicles Maintenance Department, Velacherry, Chennai-600 042.

¶3The General Manager, Government Central Automobile Workshop, Chennai-600 042.

¶4The Automobile Engineer Nagercoil. Page6 of 6

M.DHANDAPANI, J. VM

¶5The Automobile Engineer Villupuram. 28-01-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-01-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.Nos.11468 of 2024 & 54690 of 2025 1. K.Gunasekaran 2. S.Sivanesan 3. A.Dhayanidhi 4. S.Srinivasan 5. P.Chandra Sekaran 6. K.Jambulingam 7. P.Lucas ..Petitioner(s) Vs 1. The Government Of Tamil Nadu, Rep. By Principal Secretary To Government, Transport Department, Secretariat, Chennai-600 009. 2. The Director, Motor Vehicles Maintenance Department, Velacherry, Chennai-600 042. 3. The General Manager, Government Central Automobile Workshop, Chennai-600 042. 4. The Automobile Engineer, Nagercoil. 5. The Automobile Engineer Villupuram. ..Respondent(s) Page2 of 6 Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings Na.Ka.No.A4/2871/2021, dated 24.08.2022 and quash the same and consequently directing the respondents to regularize the petitioners service par with treating them as Mechanic Grade-I at the initial stage of their appointment and revised their pay scale. For Petitioner(s) : Mr.C.Prakasam For Respondent(s) : Mr.P.Balathandayutham, SGP