Casual employees recruited to sanctioned posts possessing mandatory qualifications are considered irregularly appointed rather than illegally appointed; they are entitled to regularization where similarly placed employees have received such benefits, and administrative denials of such relief must be supported by reasoned, speaking orders.

ORDER :

1. Both the writ petitioners are similarly placed persons and are seeking similar prayer, hence both the writ petitions are taken together and passed a common order.

2......

(i) The Writ Petition in W.P.(MD)No.8873 of 2026 has been filed for issuance of Writ of Certiorarified Mandamus to quash the impugned order dated 05.01.2026 passed in Letter (Ms) No.6/MP2-1/2026 by the 1^st respondent and direct to regularize the service of the petitioner on par with the regularization of the similarly placed persons in G.O.(D) No.145, Animal Husbandry, Dairying and Fisheries (MP II), department dated 03.03.2025 and G.O.(2D) No.138, Animal Husbandry, Dairying and Fisheries (MP.II) Department, dated 28.09.2007 and to grant all consequential monetary and retirement benefits to the petitioner.

(ii) The Writ Petition in W.P.(MD)No.8874 of 2026 has been filed for the issuance of Writ of Certiorarified Mandamus to quash the impugned order dated 05.01.2026 passed in Letter (Ms) No.7/MP2-1/2026 by the 1^st Respondent and to direct the respondents to regularize the service of the petitioner on par with the regularization of the similarly placed persons in G.O.(D) No.145, Animal Husbandry, Dairying and Fisheries (MP II), department dated 03.03.2025 and G.O.(2D) No.138, Animal Husbandry, Dairying and Fisheries (MP.II) Department, dated 28.09.2007 and to grant all consequential monetary and retirement benefits to the petitioner.

3......

(i) The case of the writ petitioner A.Kathirvel, the petitioner in W.P.(MD)No.8873/2026 is that he belongs to Kallar Backward Community and had completed his schooling in May 1980, then B.Com. through correspondence in Madurai Kamaraj University in July 1988. He was appointed as Casual Employee in Thanjavur District Co-operative Milk Producers Union Ltd. (TDCMPU Ltd.) on 25.08.1988. Thereafter he had passed the Diploma in Cooperative Management (D.Com.,) in March 1998. He had discharged his duties to the utmost satisfaction of his superiors and have rendered about 34 years of dedicated service without any blemish. He was retired from service on attaining superannuation on 31.07.2022.

(ii) The case of the writ petitioner, Mr.A.William Charles, the petitioner in W.P(MD) No.8874/2026 belonged to the backward community and he had failed in his 10^th standard. He was appointed as Casual Employee in Thanjavur District Co-operative Milk Producers Union Ltd. (TDCMPU Ltd.) on 25.11.1992, and has rendered about 28 years of dedicated service without any blemish. He was retired from service on attaining the age of superannuation on 30.04.2020.

(iii) The other facts are that considering the age, qualification, vacancy position and on completion of 480 days in continuous two calendar years as required under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status) Act, 1981 and the provisions of the Tamil Nadu Co-operative Societies Act, the then Managing Director, TDCMPU Ltd., has regularized the petitioners' service with effect from 02.01.1996, based on the decision of Personnel Committee, dated 09.10.1995, but the regularization was subject to the approval of the 2^nd respondent viz., the Commissioner, Milk Production and Diary Development. Thereafter, the petitioners were given the time scale of pay and other attendant benefits, like encashment of Earned L