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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-10-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 3042 of 2026 CNR: {HCMA011735542026}

Tamil Nadu Sugar Mills Agricultural Graduate Association (AGRICOPS), Rep by its General Secretary, Mr.Vediyappan C127, Karthikeyan Salai, Periyar Nagar, Chennai-600 082.

..Appellant(s)

Vs

1. The Agricultural Production Commissioner and Secretary to Government Agricultural Farmers-Welfare Department, Fort St.George, Chennai-600 009.

2. The Principal Secretary Industries, Investment, Promotion And Commerce Department Fort. St. George, Chennai 9.

3. The Principal Secretary / Commissioner Of Sugar, Aavin Illam, II Floor 3A, Pasumpon Muthuramalinganar Salai, Nandanam, Chennai 35.

4. The Pay Revision Committee Cooperative And Public Sector Sugar Mills (Common Cadre Officers)

Rep By Its Chairman, Aavin Illam, II Floor 3A, Pasumpon Muthuramalinganar Salai Nandanam, Chennai 35.

..Respondent(s)

(Cause title accepted vide order dated 03.08.2026 made in CMP No.20441/2026 in WA SR.No.126333/2026)

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 09-12-2025 in WP.No.6506 of 2024.

For Appellant(s): Mr.R.Rajarajan For Respondent(s): Mr.K.Rajesh, Government Advocate For R1 & R2 Mrs.A.Suganya Additional Government Pleader for R3 & R4

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.)

Under assail is the writ order dated 09.12.2025, passed in WP.No.6506 of 2024. Tamil Nadu Sugar Mills Agricultural Graduate Association is the appellant herein.

2.The writ petition was filed to assail the reply given by the respondents vide proceedings dated 07.12.2023 and to direct the respondents to implement the recommendations of the 7^th Pay Commission for common cadre employees working in Co-operative Sugar Mills and further direct the respondents to disburse and pay the remaining 3% of Special Grade and 3% of Selection Grade in accordance with G.O.Ms.No.237, Finance (Pay Cell)

Department, dated 22.07.2013 with effect from 01.04.2013.

3.Admittedly, the members of the appellant Association are the employees working in various Sugar Mills across the State of Tamil Nadu. As per the appellant, they are falling under common cadre services as contemplated under Section 75 of the Tamil Nadu Co-operative Societies Act.

It is not in dispute that Co-operative Sugar Mills have been registered under the provisions of Tamil Nadu Co-operative Societies Act, 1983. The service conditions of the employees working in Sugar Mills are governed under the said Act, Rules framed thereunder and the special bye-laws approved by the Registrar. It is under the provisions of the Act even the common cadre service employees are to be construed as the employees of the Co-operative Sugar Mills concerned. However, the competent authorities appointed under Section 75 will exercise powers under Section 75 to deal with the employees of the Sugar Mills. Service conditions of the employees of the Co-operative Society are governed under Rule 149 of the Tamil Nadu Co-operative Societies Rules. Conditions of service of the paid officers and servants of the Societies shall, taking into account its nature of business, volume of transaction and financial position, adopt with prior approval of the Registrar, a special bye-law governing the service conditions of its employees. The special bye-law shall inter alia prescribe the following:

(i)Cadre strength and classification of various categories of posts and the qualifications required thereof for each such post.

(ii)The method of recruitment for each such post.

(iii)The scale of pay and allowances for each such post.

(iv)Conditions of probation for each such post.

(v)Duties and responsibilities for each such post.

(vi)Leave of various kinds admissible and the conditions thereto for each such post.

(vii)The penalties that may be imposed upon, the procedure for taking disciplinary action and i