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2009 Supreme(Mad) 3482
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. NAGAMUTHU
P. Sivamani
Versus
The Government of Tamil Nadu, rep. By its Secretary, Industries Department, & Others
W.P.Nos. 25895 to 25905 , 27947 to 27972, 28827 to 28852 , 26216 to 26220 of 2008, 2270 to 2287, 9542 to 9569 & 17126 to 17166 of 2009
Decided On : 02-09-2009
For the Petitioner:T.V. Ramanujam, SC. For the Respondents:R1, R2, G. Rajan, Advocate, R3, Malarvizhi Udhyakumar, Special Govt. Pleader. G. Thilakavathi, Advocate.
Headnote:
Common Cadre Services - Supervisory C Category - Section 75 of the Tamil Nadu Co-operative Societies Act, 1983 - The Government of Tamil Nadu issued G.O.Ms.866, directing the creation of common cadre services for second and third level officers in Co-operative Sugar Mills. The petitioners, who fell within the Supervisory C category, were not given the benefit of common cadre service, resulting in a pay disparity. The court held that the petitioners automatically became members of the common cadre services and were entitled to the benefits. The court directed the revision of their pay scale on par with the erstwhile common cadre employees, notionally from the date of the pay revision and to pay arrears from September 2008. The employees who did not claim to be treated as common cadre employees were not entitled to the benefits.
Fact of the Case:
The petitioners were working in various Co-operative Sugar Mills in Tamil Nadu and fell within the Supervisory C category. The Government of Tamil Nadu issued G.O.Ms.866, directing the creation of common cadre services for second and third level officers in Co-operative Sugar Mills. The petitioners were not given the benefit of common cadre service, resulting in a pay disparity.
Finding of the Court:
The court found that the petitioners automatically became members of the common cadre services and were entitled to the benefits. The court directed the revision of their pay scale on par with the erstwhile common cadre employees, notionally from the date of the pay revision and to pay arrears from September 2008. The employees who did not claim to be treated as common cadre employees were not entitled to the benefits.
Issues: The issues raised in the writ petitions included the discrimination and violation of Article 14 of the Constitution of India due to the pay disparity between the petitioners and the employees who were given the benefit of common cadre service.
Ratio Decidendi: The court held that the petitioners automatically became members of the common cadre services and were entitled to the benefits. The court directed the revision of their pay scale on par with the erstwhile common cadre employees, notionally from the date of the pay revision and to pay arrears from September 2008. The employees who did not claim to be treated as common cadre employees were not entitled to the benefits.
Final Decision: The court allowed the writ petitions and directed the respondents to revise the pay scale of the petitioners on par with the scale of pay of the erstwhile supervisory C category employees, notionally fix the same from the date on which the other erstwhile supervisory C category employees were given the benefit of pay revision and to pay the arrears only from September 2008. The employees who did not claim to be treated as common cadre employees were not entitled to the benefits.
The petitioners in these writ petitions are working in various Co-operative Sugar Mills in the State of Tamil Nadu. They are working either as Cane Development Assistants, Superintendents, Draughts Men, Pan In-charge, Store Keepers, Junior Engineers, Instrument Supervisors, Lab Chemists, Technical Assistants, Cane Office Managers, Foremen or Head Time Keepers. Admittedly, these posts fall under Supervisory "C" Category. As such, they cannot be transferred from one Co-operative Sugar Mill to another. The Government of Tamil Nadu also had felt the difficulties in transferring the people within the organizations from one Co-operative Sugar Mill to another Cooperative Sugar Mill. The Government, therefore, considered that it would be desirable to have a more mobile system, in which people could be transferred from one Cooperative Sugar Mill to another, which according to the Government would achieve efficiency in administration. Since the Co-operative Sugar Mills are functioning under the over all control of the Director of Sugar, the Government consulted this matter with him. The Director of Sugar requested the Government to issue necessary orders for creation of common cadre services for the posts above the level of supervisory "C" Grade in respect of employees working in Co-operative Sugar Mills including the Public Sector Sugar Mills and he further suggested that he may be authorized to frame necessary rules and regulations for appointments, transfers, initiation of disciplinary action, etc. On considering the said suggestions made by the Director of Sugar, the Government issued G.O.Ms.866 Industries Department, dated 25.07.1984, directing as follows:-
"3. The Government have carefully examined the proposals of the Director of Sugar and they pass the following orders:-
(a) The Second and Third level officers working in a/the Co-operative Sugar Mills including the Public Sector Sugar Mills may be transferred from one organization to another.
(b) The Director of Sugar is authorized to frame necessary rules and regulations for appointment, transfer, etc. of the second and third level officers of the Co-operative Sugar Mills including the Public Sector Sugar Mills, and
(c) For appointment and transfer of lower level staff in the Sugar Mills, the Director of Sugar is requested to take necessary action to form necessary rules in the case of Cooperative Spinning Mills.
4. The Director of Sugar is requested to take immediate action with reference to orders in Para 3 above and to ensure that all the formalities are completed within 40 days and a report sent to the Government."
2. Based on the above Government Order, the Director of Sugar by his proceedings in Rc.No.23941/84/C1, dated 110. 1984, directed the Chief Executives of Co-operative Sugar Mills in the State of Tamil Nadu to frame regulations as suggested under the relevant Special Bye-Laws relating to the service conditions of the employees of the Cooperative Sugar Mills. It was further directed that the said regulations would deal with transfers in the case of employees of the Co-operative and Public Sector Sugar Mills in the cadre of Supervisory "C" Grade and other categories under second wage board recommendations other than the officers, who come under the common cadre services. On receiving the suggestions from the Sugar Mills and in pursuance of G.O.Ms.866, the Commissioner of Sugar by his proceedings in RC.No.25185/C3/89, dated 212. 1989 directed to include the following categories of employees also under the common cadre services viz.,
I. Cane Department:-
(a) Cane Officers possessing B.Sc.,(Agri.)/M.Sc.,(Agri.)/ M.Sc., (Sugarcane)/M.Sc., (Agronomy) or equivalent with 2 years experience in Sugar Mills or 3 years experience in Government Service.
(b) Cane Officers possessing B.Sc.,(Agri.)/M.Sc.,(Agri.)/ M.Sc., (Sugarcane)/M.Sc., (Agronomy) or equivalent but without experience and Graduates (who are already in service) possessing qualification such as B.Sc., (Bot
