Madras High Court
N.Dharmalingam vs The Commissioner For Milk Production on 6 January, 2021
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
W.P.No.31 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM:
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.31 of 2021
and W.M.P.No.45 of 2021
N.Dharmalingam ... Petitioner
Vs.
1. The Commissioner for Milk Production
and Dairy Development,
Madhavaram Milk Colony,
Chennai, Tamil Nadu – 600 051.
2. The Managing Director,
Tamilnadu Cooperative Milk Producers Federation Limited,
Aavin Illam, 3A, Pasumpon Muthuramalinganar Salai,
Nandanam, Chennai – 600 035,
Tamil Nadu.
3. The Deputy Registrar (Dairying)
Door No.97/38,
Park Tower Second Floor,
Cooperative Colony,
Mahanur Road,
Namakkal (TK & DT) – 637 001,
Tamil Nadu.
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https://www.mhc.tn.gov.in/judis/
W.P.No.31 of 2021
4. The General Manager,
Namakkal District Cooperative Milk Producers Union Ltd,
1/1167, E.B.Colony,
Paramathi Road,
Namakkal District – 637 002.
Tamil Nadu. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to give regular
promotion to the petitioner as Manager (Engg) full charge chilling Centre,
Namakkal District by considering the representation dated 30.11.2020.
For Petitioner : Mr.P.Ganesan
For Respondent : Mr.L.P.Shanmugasundaram,
Special Government Pleader
ORDER
This writ petition has been filed seeking direction to the respondents to give regular promotion to the petitioner as Manager (Engg) full charge chilling Centre, Namakkal District by considering the representation dated 30.11.2020.
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2. The case of the petitioner is that the petitioner was initially appointed as Electrician in the respondent Department namely Tamil nadu Co-operative Milk Producers Federation Limited, Aavin Illam on 07.09.1987 and he was regularized and completed his probation successfully. Thereafter, on 05.03.2015, he was promoted as Deputy Manager on 05.03.2015. Though having seniority of five years in the cadre, denying promotion is against the fundamental right of the petitioner regarding seniority, rank and promotion, he made a representation to the 1st respondent on 30.11.2020 for promotion as manager (Engg). Since no action has been taken on the representation till date, the petitioner has approached this Court by way of filing the writ petition.
3. Heard the learned counsel appearing on either side and perused the materials available on record.
4. In view of the limited prayer sought for by the petitioner in this writ petition, the respondents are directed to consider the representation of the petitioner dated 30.11.2020 after giving affordable opportunity of 3/6 https://www.mhc.tn.gov.in/judis/ W.P.No.31 of 2021 hearing to the parties concerned and pass orders in accordance with law, as early as possible, preferably, within a period of three months from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
06.01.2021 vum Index:yes/No Speaking order / No speaking order To
1. The Commissioner for Milk Production and Dairy Development, Madhavaram Milk Colony, Chennai, Tamil Nadu – 600 051.
2. The Managing Director, Tamilnadu Cooperative Milk Producers Federation Limited, Aavin Illam, 3A, Pasumpon Muthuramalinganar Salai, Nandanam, Chennai – 600 035, Tamil Nadu.
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3. The Deputy Registrar (Dairying) Door No.97/38, Park Tower Second Floor, Cooperative Colony, Mahanur Road, Namakkal (TK & DT) – 637 001, Tamil Nadu.
4. The General Manager, Namakkal District Cooperative Milk Producers Union Ltd, 1/1167, E.B.Colony, Paramathi Road, Namakkal District – 637 002.
Tamil Nadu.
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vum W.P.No.31 of 2021 and W.M.P.No.45 of 2021 06.01.2021 6/6 https://www.mhc.tn.gov.in/judis/