Suryakumar v. The Industrial Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA Suryakumar S/o.Chinnaraj, ..Petitioner(s) Vs

1. The Industrial Secretary Government of Tamil Nadu, Rep. by its Secretary-Industries Department, Fort St. George, Chennai-600 009

2. The Commissioner of Sugars / Director of Sugars, No.3A, Aavin Illam, Pasumpon Muthuramlingar Maligai, Nandanam, Chennai-600 035.

3. The Administrator M/s.Vellore Cooperative Sugar Mills LTD, Cooperative Sugar Mills Limited, Rep. by its Administrator, Vellore Sugar Mill Post, Vellore District.

..Respondent(s) This writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to enhance the pay of the petitioner worked as Cane Development Assistant, Supervisory C-grade in the 3rd respondent Sugar Mills on par with the erstwhile common Care Employees with effect from date of his Promotion and appointment till the date of his

retirement and disburse the arrears of difference and the concomitant monetary benefits in the light of the order dated 22.04.2015 in W.P. No.2325/2004 confirmed by the Honourable Division Bench in WA. No.54-56, 98-101 and 318/2016 and 11-13, 58 and 59 /2017 dt.13.11.2024. For Petitioner(s):

Mr. R.Rajarajan For Respondent(s):

Mr. A.R.Balaji, Government Advocate.

ORDER

This writ petition has been filed seeking a direction to the respondents to grant pay parity to the petitioner, who worked as a Cane Development Assistant in Supervisory Grade "C" in the 3rd respondent Sugar Mill, on par with the erstwhile Common Care System(CCS) employees, with effect from the date of his Promotion and appointment, till the date of his retirement, and to disburse the arrears of pay and other consequential monetary benefits, in the light of the order dated 22.04.2015 in W.P.No.2325/2004, as confirmed by the Hon'ble Division Bench in W.A.Nos. 54 to 56, 98-101 and 318 of 2016 and 11 to 13, 58 and 59 of 2017 dated 13.11.2024.

2. The case of the petitioner is that he was working as a Cane Development Assistant in Supervisory Grade "C" in the 3rd respondent Sugar Mill and retired on 28.02.2017. He challenges the continuing pay disparity

between employees included in the erstwhile Common Cadre System (CCS) and those who were excluded, despite performing similar duties. Public and cooperative sector sugar mills, including the 3rd respondent Mill, operate under the control of Respondents 1 and 2. Historically, CCS employees received pay on par with Government employees, whereas non-CCS employees were governed by Wage Board Scales, resulting in an arbitrary dual wage structure. Even after the Government abolished the CCS vide G.O.Ms.No.834 dated 08.12.1997, the disparity persisted.

2(i). The Industrial Tribunal, in I.D.No.48 of 2000, held the dual wage structure to be illegal and discriminatory. While the Tribunal directed the reduction of CCS pay to achieve parity, subsequent writ petitions (W.P.No.2325 of 2004 and W.P.No.30656 of 2008) and the appeals arising therefrom confirmed that non-CCS employees were entitled to pay parity with effect from 01.04.2003. The Hon'ble Division Bench further held that the continued pay disparity violates Article 14 and 16 of the Constitution of India. The petitioner, being similarly situated, claims entitlement to the benefit of the said judgments. Despite submitting a representation dated 06.03.2026 seeking revision of pay and payment of arrears, the respondents have not passed any orders. Hence, the present writ petition.

3. Heard both sides and perused the materials available on records.

4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the respondents are directed to consider the petitioner's representation dated 06.03.2026 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. 02-06-2026 Index: Yes/No 5/5 Speaking/Non-speaking order MRP To

1. The Secretary-Industries Department, Industrial Secretary Government of Tamil Nadu, Fort St. George, Chennai-600 009

2. The Commissioner of Sugars / Director of Sugars, No.3A, Aavin Illam, Pasumpon Muthuramlingar Maligai, Nandanam, Chennai-600 035

3. The Administrator M/s.Vellore Cooperative Sugar Mills LTD, Cooperative Sugar Mills Limited, Vellore Sugar Mill Post, Vellore District.

P.T.ASHA, J.

MRP 5/5 02-06-2026