BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2024 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.20037 of 2023 and W.M.P.(MD)No.16515 of 2023 Paramaguru ... Petitioner Vs.

1.The Commissioner, Dairy Milk Development Department, Chennai 51.

2.The General Manager, Thoothukudi District Cooperative Milk Producers Union, No.74 F Balavinayagar Kovil Street, 2nd Floor, Thoothukudi 2.

3.The Deputy Registrar (Dairy Milk), Thoothukudi. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the impugned order of termination dated 04.08.2023 vide proceedings in Na.Ka.No.1072/Offl/2023 issued by the second respondent and quash the same as illegal and arbitrary and consequently directing the respondents to reinstate the petitioner into service.

For Petitioner : Mr.T.Lajapathi Roy, Senior Counsel For 1^st Respondent : Mr.C.Baskaran Government Advocate For Respondents 2 & 3: Mr.K.Prabhu Standing Counsel

ORDER

This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order of termination dated 04.08.2023 vide proceedings in Na.Ka.No. 1072/Offl/2023 issued by the second respondent and to direct the respondents to reinstate the petitioner into service.

2.The petitioner was appointed as an Assistant at 0922 Thoothukudi Cooperative Milk Users Union office on consolidated wages. In the meanwhile, two Milk Societies namely TUT 20 Thoothukudi District Milk Producers Cooperative Society and 0922 Thoothukudi Cooperative Milk Users Society, which functioned under the control of the Joint Registrar of Thoothukudi was merged into a single Society namely TUT 34 Thoothukudi District Cooperative Milk Producers Union. Following which, the first respondent vide proceedings dated 09.10.2020 directed the respondents 2 and 3 to absorb the employees of 0922 Thoothukudi Cooperative Milk Users Union office to the appropriate posts in the second respondent Union commensurating to their educational qualification in accordance to the relevant Rules and Guidelines, thereby, fixing appropriate scale of pay and other service benefits. Consequently, the third respondent vide proceedings dated 16.10.2020, communicated to the second respondent furnishing the details of four employees including the petitioner to take necessary steps to comply with the communication of the first respondent dated 09.10.2020 and thereby, absorbing the said employees into the service of the second respondent Union. Following which, vide proceedings of the second respondent dated 09.02.2021, the petitioner was appointed to the post of Deputy Manager and the relevant portion of the appointment order is extracted as follows:-

“As per the instruction of Commissioner of Milk Production and Dairy Development, Chennai and the Deputy Registrar (Dairying), Thoothukudi in the ref. 1^st and 2^nd cited Thiru.N.Paramaguru who has been absorbed after mergeed 0.922 Thoothukudi Cooperative Milk Supply Union with TUT 20 Thoothukudi District Cooperative Milk Producer's Union Ltd., and forming new TUT 34 Thoothukudi District Cooperative Producers' Union Ltd., is appointed for the post of Deputy Manager (Office/Marketing) in the pay band of Rs.36,900/- -1,16, 600 with effect from 01.12.2020 with other usual allowances and other benefits under the terms and conditions.”

3.After being appointed as the Deputy Manager (office/Marketing), the petitioner was further promoted to the post of Executive Engineer considering his qualification and experience in the second respondent Union. The second respondent also passed a resolution in its Board Meeting stating that the services of the petitioner and other similarly placed persons were regularized. While so, one S.Murukesh filed a case in W.P.(MD)No.18609 of 2020 before this Court seeking to forbear the respondent officials from making any appointment to the newly amalgamated TUT 34 Thoothukudi District Co-opera