IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.10.2008 CORAM THE HONOURABLE MR. JUSTICE S. RAJESWARAN W.P.Nos.25573 to 25577 of 2008 & W.P.Nos.25581 to 25584 of 2008 to 25585 and 25586 of 2008 A.James Martin Thiruthuvaraj ... Petitioner in W.P.No.25573/08 E.Narayanan ... Petitioner in " 25574/08 P.Mahalingam ... Petitioner in " 25575/08 S.Gopu ... Petitioner in " 25576/08 P.Arunachalam ... Petitioner in " 25577/08 S.Muthuvairavan ... Petitioner in " 25581/08 P.Kannan ... Petitioner in " 25582/08 R.Dhanalakshmi ... Petitioner in " 25583/08 A.Manivannan ... Petitioner in " 25584/08 P.John Augustin ... Petitioner in " 25585/08 B.Parthiban ... Petitioner in " 25586/08 Vs 1. The Government of Tamilnadu, Rep. By its Secretary, Industries Department, Fort St. George, Chennai 600 009. 2. The Commissioner of Sugar, 696, Anna Salai, Nanadanam, Chennai 600 035. ... 1st & 2nd Respondents in all W.Ps. 3. The Managing Director, Tamilnadu Sugar Corporation Ltd., No.696, Anna Salai, Chennai 600 035. ... 3rd Respondent in W.P.Nos.25573, 25575, of 2008 W.P.Nos.25581, 25584 & 25586 of 2008 https://hcservices.ecourts.gov.in/hcservices/ The Chief Executive Perumbalur Sugar Mills Ltd., Eraiyur Post Perambalur district 621 133 ... 4th respondent in W.P. 25574/08, 25585/08 4. The Chairman & Managing Director, Perambalur Sugar Mills Ltd., No.696, Anna Salai, Chennai 600 035. ... 3rd Respondent in W.P.Nos.25574, 25582 & 25585 of 2008 5. The Chief Executive, Arignar Anna Sugar Mills Ltd., Kuralagam Post, Thanjavur District. ... 4th Respondents in W.P.Nos.25573, 25575 of 2008 and W.P.Nos.25581, 25582, 25584, & 25586 of 2008 6. The Special Officer, Kallakkurichi Co-operative Sugar Mills, Moongilthuraipatu, Villupuram District. ... 3rd Respondent in W.P.Nos.25576 of 2008 7. The Special Officer, National Co-operative Sugar Mills, Madurai District. ... 3rd Respondent in W.P.Nos.25577 of 2008 8. The Special Officer, Amaravathi Co-operative Sugar Mills, Kovai District. ... 3rd Respondent in W.P.Nos.25583 of 2008 W.P.Nos.25573 to 25575 and 25581, 25582, 25584, 25585 & 25586 of 2008, These Writ Petitions have been filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the second and third respondents herein to revise and refix the petitioners' scale of pay on par with the other 'C' – category supervisors working in the fourth respondent sugar mill, enabling the petitioners to receive the scale of pay and allowances as that https://hcservices.ecourts.gov.in/hcservices/ of the holders of the other said 'C' – Category supervisory staff with effect from the petitioners' date of joining in Supervisory "C" Category supervisory staff with effect from 1.1.1990 the date on which the second and third respondent implemented the coverage of teh post held by the petitioner and "B' Category in respect of the petitioner in W.P.No.25581 of 2008. W.P.Nos.25576, 25577, 25583 of 2008, These Writ Petitions have been filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the second and third respondents herein to revise and refix the petitioner's scale of pay on par with the other 'C' – category supervisors working in the third respondent sugar mill, enabling the petitioner to receive the scale of pay and allowances as that of the holders of the other said 'C' – Category supervisory staff with effect from 1.1.90 the date on whcih the second respondent implemented the coverage of the post held by the petitioner's date of joining in Supervisory "C" Category. For Petitioners in all the W.Ps. : Mr.T.V.Krishnamachari For Respondents in all the W.Ps. : Mrs. Lita Srinivasan Government Advocate COMMON ORDER Prayer in these Writ Petitions is to issue a Writ of Mandamus directing the second and third respondents herein to revise and refix the petitioners' scale of pay on par with the other 'C' – category supervisors working in the third and fourth respondents sugar mill, enabling the petitioners to receive the scale of pay and allowances as that of the holders of the other said 'C' – Category supervisory staff with effect from the petitioners' date of joining in Supervisory "C" Category and "B' Category in respect of the petitioner in W.P.No.25581 of 2008. 2. Mrs.Lita Srinivasan, learned Government Advocate takes notice on behalf of the respondents. 3. The petitioners were appointed by the third and fourth respondents sugar mills in the following posts. https://hcservices.ecourts.gov.in/hcservices/ W.P.No.25573/2008 Junior Engineer (Mech) " 25574/2008 " " " " 25575/2008 Superintendent " 25576/2008 Instrument Supervisor " 25577/2008 Junior Engineer (Mech) " 25581/2008 Accountant (General) " 25582/2008 Pan in Charge " 25583/2008 Wireless Supervisor " 25584/2008 Instrument Supervisor " 25585/2008 Draughtsman " 25586/2008 Junior Engineer (Mech) These posts come under "C" and "B" Category Supervisory cadre. The date of joining of the petitioners are as follows: W.P.No.25573/2008 13.01.1996 " 25574/2008 12.12.1994 25575/2008 18.01.1996 " 25576/2008 18.03.1992 " 25577/2008 04.08.1994 " 25581/2008 31.05.1997 " 25582/2008 14.11.1992 " 25583/2008 14.01.1989 " 25584/2008 31.07.1989 " 25585/2008 14.02.1994 " 25586/2008 15.04.1996 During the year 1984, G.O.Ms.No.866 dated 25.07.1984 permitted the Commissioner of Sugar, the second respondent herein to introduce Common Cadre System for the posts above the level of Supervisory 'C' grade. But, the Common Cadre System was extended only to the personnel working in the posts of Electrical Supervisor and others, but not to the petitioners herein which is discriminatory act and hence the above writ petitions were filed for the aforesaid relief. 4. I have heard the learned counsel appearing for the writ petitioners and the learned Government Advocate for the respondents and I have also gone through the documents filed in support of their submissions. 5. The learned counsel for the petitioners drew my attention to the order passed by this court on 21.08.2008 in W.P.Nos.20356 to 20378 of 2008, wherein this court gave direction to the respondents to consider the case of the petitioners and pass appropriate orders. 6. In line with the order passed by this court and in view of the fact that the grievance of the petitioners has not been considered till date by the second respondent, I direct the second respondent to consider the representations made by the petitioners herein and pass orders on merits and in accordance with law and in line with the earlier order passed by this court as cited above, https://hcservices.ecourts.gov.in/hcservices/ within a period of four weeks from the date of receipt of copy of this order. 7. With the above direction, all the writ petitions are disposed of. No cost. Consequently, connected miscellaneous petitions filed for interim direction are also closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vaan To 1. The Secretary, Government of Tamilnadu, Industries Department, Fort St. George, Chennai 600 009. 2. The Commissioner of Sugar, 696, Anna Salai, Nanadanam, Chennai 600 035. 3. The Managing Director, Tamilnadu Sugar Corporation Ltd., No.696, Anna Salai, Chennai 600 035. 4. The Chief Executive, Arignar Anna Sugar Mills Ltd., Kuralagam Post, Thanjavur District. 5. The Special Officer, Kallakkurichi Co-operative Sugar Mills, Moongilthuraipatu, Villupuram District. 6. The Special Officer, National Co-operative Sugar Mills, Madurai District. https://hcservices.ecourts.gov.in/hcservices/ 7. The Chief Executive Perumbalur Sugar Mills Ltd., Eraiyur Post Perambalur district 621 133 8. The Special Officer, Amaravathi Co-operative Sugar Mills, Kovai District. 9. The Chairman & Managing Director, Perambalur Sugar Mills Ltd., No.696, Anna Salai, Chennai 600 035. 1 cc to Government Pleader, SR. 59715 W.P.Nos.25573 to 25577 of 2008& W.P.Nos.25581 to 25584 of 2008 25585 and 25586/08 NSM (CO) kk 11/10 https://hcservices.ecourts.gov.in/hcservices/