High Court · 2025

W.P.No.6506 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.12.2025CORAM:THE HON'BLE MR.JUSTICE M.DHANDAPANIW.P.No.6506 of 2024and WMP.No.7237 of 2024Tamil Nadu Sugar MillsAgricultural Graduate Association,(AGRICOPS),rep.by its President Mr.A.Saravanan,C127, Karthikeyan Salai,Periyar Nagar,Chennai-600 082.... Petitioner Vs.1.The Agricultural Production Commissioner & 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-600 009.3.The Principal Secretary/Commissioner of Sugar, Aavin Illam, II Floor, 3A Pasumpon Muthuramalinganar Salai, Nandanam, Chennai-600 035.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6506 of 20244.The Pay Revision Committee, Co-operative and Public Sector Sugar Mills, (Common Cadre Officers), rep. by its Chairman, Aavin Illam, II Floor, 3A Pasumpon Muthuramalinganar Salai, Nandanam, Chennai-600 035.… Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certioraified Mandamus, calling for the records of impugned proceedings in RC No.83660/S&L3/2023 dated 07.12.2023 on the file of the third respondent and quash the same and direct the respondents to implement the recommendation for the 7th pay commission for the common cadre employees working in the Co-operative and Public Sector Sugar Mill and also 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.For Petitioner: Mr.R.Rajarajan For Respondents:Mr.K.Surendran, AGPO R D E RThe impugned proceedings in RC No.83660/S&L3/2023 dated 07.12.2023 on the file of the third respondent is put under challenge, in the present Writ Petition. Further, the petitioner has sought for a direction to the respondents to implement the recommendation of the 7th Pay Commission for the common cadre employees working in the Co-operative and Public Sector Sugar Mills and also to direct the respondents to disburse and pay the remaining 3% of Special Grade and 3% of Selection Grade in accordance Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6506 of 2024with G.O.Ms No.237, Finance (Pay Cell) Department dated 22.07.2013 with effect from 01.04.2013.2. Heard both sides. 3. The contentions of the learned counsel for the petitioner is as follows:3.1. The petitioner is the President of the Tamil Nadu Sugar Mills Agricultural Graduate Association and made representations on five grounds with regard to the present issue relates to implementation of the 7th Pay Commission for the common cadre employees working in the Co-operative and Public Sector Sugar Mills for which the respondent given a reply in the impugned order dated 07.12.2023. The fourth respondent was also constituted for looking into the extension of recommendation of the 7th pay commission to the common cadre employees working in the Co-operative and Public Sector Sugar Mills. The petitioner association had given the representations dated 29.10.2018, 14.06.2021 & 07.09.2021. However, there was no response. Subsequently, the petitioner’s Tamil Nadu All Co-operative and Public Sector Sugar Mills Staff Peravai represented by its General Secretary R.Kathiravan had filed W.P.No.7199 of 2019 and WMP.No.7926 of 2019 praying for a direction to the first respondent to extend the terms of Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6506 of 2024reference of the Pay Revision Committee constituted in proceedings Rc.No.1903/SL1/2018, dated 20.08.2018 to all employees working in the respondent Mills, within a time frame as fixed by this Court and this Court had granted interim stay till 20.03.2019. Furthermore, the petitioner filed the Writ Petition in W.P.No.32391 of 2023 and the same was allowed, directing the respondent to consider the petitioner’s representations, within a period of 12 weeks, for which, the present impugned order has been passed. Aggrieved over the same, the present Writ Petition has been filed praying for grant of the aforesaid relief.4. Per contra, the learned Additional Government Pleader appearing on behalf of the respondents submitted that 3% increments awarded to the Selection Grade and Special Grade to the common cadre officers as ordered vide G.O.Ms.237, Finance (pay cell) Department, dated 22.07.2013, cannot be implemented to the common cadre officers working in the Sugar Mills immediately, however, action was initiated by getting the financial commitment to the Sugar Mills in the event of implementation of the above Government Order. He further submitted that the Government Orders cannot be made directly applicable to the common cadre employees since the common cadre employees are not Government employees though they get salary on par with the Government servants. He added that necessary Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6506 of 2024proposal was sent to the Government requesting sanction of increments to Selection Grade/Special Grade officers of the common cadre working in Sugar Mills as announced for Government employees and on receipt of the orders of the Government on the said G.O. Ms No.237 dated 22.07.2013, decision will be taken by the Commissioner of Sugar.5. This Court had considered the rival submissions made by the respective learned counsels and also perused the materials available on record.6. The facts of the case were not disputed. The grievance of the petitioner’ association is that the 7th Pay Commission was not implemented to them. Admittedly, G.O.Ms.237 dated 22.07.2013 is applicable only to the Government employees, whereas the petitioner’s association is not a co-operative society employee who falls for implementation of the common cadre employees. However, in regard to 3% increments for the Selection and Special grade, the proposal was forwarded to the Government for sanctioning the financial assistance and as soon as the same is sanctioned, the same will be extended to the employees.Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6506 of 20247. In view of the above, the Writ Petition is disposed of with a direction to the Government to sanction the finance for payment of 3% increments to the Selection and Special grade and disburse the same to the members of the petitioner’s association.8. With the above observations and directions, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs.09.12.2025Index: Yes/NoNCC : Yes/NoOrder : Speaking/Non SpeakingDPPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6506 of 2024To1.The Agricultural Production Commissioner & 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-600 009.3.The Principal Secretary/Commissioner of Sugar, Aavin Illam, II Floor, 3A Pasumpon Muthuramalinganar Salai, Nandanam, Chennai-600 035.4.The Chairman, Pay Revision Committee, Co-operative and Public Sector Sugar Mills, (Common Cadre Officers), Aavin Illam, II Floor, 3A Pasumpon Muthuramalinganar Salai, Nandanam, Chennai-600 035.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6506 of 2024M.DHANDAPANI.J,DPW.P.No.6506 of 2024andWMP.No.7237 of 202409.12.2025Page 8 of 8