O R D E R

The petitioner was originally appointed as casual labourer in the respondent Federation with effect from 14.08.1984. He was thereafter, appointed as Factory Assistant with effect from 01.01.1991. In 2001, he was made as selection grade Senior Factory Assistant. Subsequently, he was posted as Milk Recorder Grade III in-charge with effect from 31.07.2007. The petitioner has been looking after the work of Milk Recorder Gr.III as in-charge since 2007 and till date.

2. According to the petitioner, when he was appointed to the Federation Service, there were three grades of milk recorders, i.e., Gr.I, Gr.II and Gr.III. Subsequently, all the grades were merged and a single grade was created as Milk Recorder Gr.III. Originally, there was no educational qualification for appointment to the post of Milk Recorder Gr.III by promotion from the post of Senior Factory Assistant. The total number of incumbents working in the Milk Recorder Grade-III were 17 in number and out of which, 7 of them being promoted on regular basis and 10 of them as in-

charge, including the petitioner herein.

3. While matter stood thus, over a period of time, the persons who were Milk Recorder Gr.III in-charge have been regularly appointed to the posts except the petitioner who was admittedly the senior most and ranked at Serial No.1 in the seniority. Although he was working as Milk Recorder Gr.III as in- charge since 31.07.2007 continuously, his regularisation in that post has not been forthcoming, despite, several representations seeking for the relief. In the meanwhile, several juniors of the petitioner had been promoted as Milk Recorder Grade-III vide proceedings dated 18.02.2013 and subsequently also vide order dated 21.01.2016 similar promotions were effected. In the said circumstances, the petitioner was constrained to approach this Court by filing W.P.No.6542/2016 seeking a direction to the respondents to consider his representation seeking regularisation of service in the post of Milk Recorder Gr.III with effect from

31.07.2007 with all consequential benefits.

4. In the writ petition, notice has been ordered and the same is pending finalisation before this Court. However, in the meanwhile, by order dated 18.03.2016, the 4th respondent has rejected the claim of the petitioner on the ground that the petitioner failed in 10th standard and therefore, not eligible to be considered for promotion as per the amended special bye-laws applicable to the Federation. Challenging the rejection of the petitioner's request, the present writ petition has been filed. 5. Mr.S.Viswanathan, the learned counsel for the petitioner would submit that at the time when the petitioner was appointed, there was no minimum educational qualification prescribed for promotion to the post of Milk Recorder Gr.III from the feeder cadre. The persons who were working as Senior Factory Assistant had been promoted to the post of Milk Recorder Gr.III on the basis of number of years of qualifying service put in by them. The petitioner has fulfilled the experience qualification, as he has been working as in-charge of Milk Recorder Gr.III from 31.07.2007, and thus fully eligible to be appointed on regular basis. But for some reason, the benefit of regularisation has not been granted to him.

6. The learned counsel would submit that subsequent to the petitioner's appointment in 2007, the bye-laws applicable to the Federation came to be amended on 11.01.2008, wherein the educational qualification of old SSLC or equivalent was introduced for promotion to the post of Milk Recorder Gr.III. Subsequently, the prescription of educational qualification of SSLC came to be withdrawn through another amendment which was introduced in the bye-laws on 09.03.2012. In that amendment, the eligibility was 5 years of service alone as Senior Factory Assistant was the criterion for promotion to the post of Milk Recorder Gr.III as it stood earlier. After the said amendment, several colleagues of the petitioner, who were