P SIVAMANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) COMMON Order: 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 Co-operative 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 Co-operative 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:-

(2.) BASED on the above Government Order, the Director of Sugar by his proceedings in Rc.No,23941/84/C1, dated 16.10.1984, 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 Co-operative 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 27.12.1989 directed to include the following categories of employees also under the common cadre services viz., I. Cane Department:-

(3.) SOME of the petitioners herein, who felt that they are also entitled for parity in pay as it was done in the case of Mrs. R. Chandra, made several representations to the Government. But, the Government did not consider the same. A Batch of 9 Writ Petitions were filed by some of the petitioners in W.P.Nos.17896 to 17904 of 2008 before this Court for appropriate relief. This Court by order dated 28.07.2008 directed the Commissioner of Sugar to dispose of the representations of the petitioners therein dated 02.11.2007 in accordance with law. Similarly another batch of 4 writ petitions in W.P.No.18219 to 18222 of 2008 were filed wherein also similar directions were issued by this Court on 30.07.2008. It could be seen that yet another batch of writ petitions were filed by 9 persons in W.P.No.16781 to 16886 of 2008 wherein also, similar directions were issued.