IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022

Coram:

The Honourable Mr.Justice V.PARTHIBAN

W.P.No.20093 of 2016

P.Sivaprakasam (E.C.No.4742)

Special Grade Senior Factory Assistant

Milk Recorer Grade III In-charge,

Ambattur Dairy, TCMPF Ltd.

Chennai - 600 098.

..Petitioner

Vs

1. The Commissioner and Secretary to Government,

Animal Husbandry & Fisheries Department,

Government of Tamil Nadu,

Fort St.George,

Chennai - 600 009.

2. The Commissioner for Milk Production

Dairy development,

Madhavaram Milk Colony,

Chennai - 600 051.

3. The Managing Director,

The Tamilnadu Cooperative

Milk Producers Federation limited, AAVYN Illam,

Chennai - 600 051.

4. The Joint Managing Director,

Tamil Nadu co-operative Milk Producers

Federation Ltd.,

Plot No.29& 30 Ambattur Industrial estate,

Chennai - 600 098.

..Respondents

Prayer

This Writ Petition is filed under Article 226 of the

Constitution of India seeking to issue a Writ of Certiorarified

Mandamus to call for the records pertaining to the order bearing

No.589/E4/16 dated 18.03.2016 of the fourth respondent and quash

the same and further direct the respondents to appoint/

regularize the service of the petitioner in the post of Milk

Recorder Grade III with effect from 31.07.2007 along with all

consequential benefits.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

.. Mr.K.S.Viswanathan

For Respondents

.. Mr.L.S.M.Hasan Fizal

Additional Government Pleader

for R1 & R2

Mr.R.Bala Ramesh

for R3 & R4

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.

https://hcservices.ecourts.gov.in/hcservices/

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,