IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.12.2025 CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.800 & 801 of 2024 P.Murali ... Petitioner Vs.

1.The State Government, Rep. By its Secretary, Dept. of Co-operation, Food and Consumer Protection, St.George Fort, Secretariat, Chennai – 600 009.

2.The Registrar of Co-operative Societies, EVR Maaligai, Kilpauk, Chennai – 600 010.

3.The Chairman, District Recruitment Bureau, Tiruppathur District, O/o The Joint Registrar of Co-operative Societies, 4th Floor, ‘A’ Block, District Collectorate, Tiruppathur.

4.The Administrator, V, G.21 Pudur Nadu LAMP, Co-operative Society Ltd., Pudur Nadu – 635 655, Tirupattur District. ... Respondents PRAYER: Writ Petitions filed under Article 226 of Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to notification No:01/2023 dated 10.11.2023 on the file of 3^rd respondent and quash the same in so far as it concern with petitioner and direct the respondents 2 to 4 to promote the petitioner to the vacant post of Assistant in the 4^th respondent’s society by following the Circular Na.Ka.No:119653/97 Tho.Ve..Va1 dated 06.12.1997 and Circular Na.Ka.No.52437/12 Tho.Ve.Sa.1 dated 03.08.2012 issued by the second respondent.

For Petitioners : M/s.S.Pushpakaran For Respondents : Ms.M.Geetha Thamaraiselvan, Special Government Pleader

O R D E R

This writ petition is filed to call for the records pertaining to notification No:01/2023 dated 10.11.2023 on the file of 3^rd respondent and quash the same in so far as it concern with petitioner and direct the respondents 2 to 4 to promote the petitioner to the vacant post of Assistant in the 4^th respondent’s society by following the Circular Na.Ka.No:119653/97 Tho.Ve..Va1 dated 06.12.1997 and Circular Na.Ka.No.52437/12 Tho.Ve.Sa.1 dated 03.08.2012 issued by the second respondent.

2. The case of the petitioner is that he is working as a salesman in the fourth respondent society. While so, the third respondent issued a notification for direct recruitment to the post of Assistant on 10.11.2023.

However, the petitioner was not considered for promotion to the post of Assistant, by saying that he has not completed three years of service in the feeder category post of Junior Assistant/Fertilizer Salesman. Hence, challenging the said notification dated 10.11.2023, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner would submit that the petitioner was employed as salesman and working in the salesman cadre for more than five years with necessary educational qualification. But, the aforesaid feeder category viz., Junior Assistant/Fertilizer Salesman had not been filled up for several years by promoting eligible salesmen. Under these circumstances, the third respondent issued a notification to fill up the post of Assistant by direct recruitment, which deprives the petitioner’s promotion in his entire career of service and also affects his seniority. Hence, he prays for appropriate orders.

4. Learned Special Government Pleader appearing for the respondents would submit that as per the bylaws of the society, the feeder category to the post of Assistant is Junior Assistant/Fertilizer Salesman. However, in the present case, the petitioner holds the post of Salesman, which is not a feeder category and the next level of promotion to the petitioner is Office Assistant and Night Watchman. Hence, he was not given promotion to the post of Assistant and prays for dismissal of this writ petition.

5. Heard the learned counsel on either side and perused the materials available on record.

6. The facts of the case are not in dispute. The petitioner was appointed as Salesman in the fourth respondent society. Perusal of the letter dated 06.08.2012, reveals that if any vacancy arose for the post of office assistant and night watchman, possessing requisite educational qualifications and seniority will be given priority. In the present