Madras High Court
K.Udayakumar vs The Commissioner Of Milk Production on 27 June, 2025
W.P.(MD) No.19350 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 20.06.2025
PRONOUNCED ON : 27.06.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.19350 of 2016
and
W.M.P. (MD) Nos.13952 to 13954 of 2016
K.Udayakumar,
Special Grade Senior Factory Assistant,
Thanjavur District Co-operative Milk ,
Producers Union Ltd.,
Nanjikottai Road,
Thanjavur - 613 006. ...Petitioner
Vs.
1. The Commissioner of Milk Production
and Dairy Development,
Madhavaram Milk Colony,
Chennai - 600 051.
2. The Managing Director,
Tamil Nadu Co-operative Milk
Producers Federation Limited,
Aavin Illam,
Madhavaram,
Chennai - 600 051.
3. The Deputy Registrar (Dairying),
Old Collector Office Campus,
Court Road,
Thanjavur.
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W.P.(MD) No.19350 of 2016
4. The General Manager,
Thanjavur District Co-operative Milk
Producers Union Ltd.,
Nanjikottai Road,
Thanjavur - 613 006. ... Respondents
PRAYER in W.P.:
To issue a direction or order or writ in the nature of a Writ of
Certiorarified Mandamus and call for the records relating to the
Employment Notification-Advertisement No. l/TNJ/2016 dated
06.07.2016 issued by the 4th respondent and quash the same specifically
in so far as the direct recruitment to one post of Technician (Electrical) is
concerned and consequently promote the petitioner to the post of
Technician (Electrical) considering the representation of the petitioner
dated 27.09.2016, which has been recommended by the Manager
(Engineering) on 27.09.2016 and grant all the service and monetary
benefits within a time limit to be fixed by this Hon'ble Court and pass
such further or other orders as this Hon'ble Court may deem fit and
proper in the circumstances of the case and thus render justice.
PRAYER IN W.M.P.(MD) No.13952 of 2016:
To dispense with the production of original impugned
Employment Notification-Advertisement No. 1/TNJ/2016 dated
06.07.2016 issued by the 4th respondent pending disposal of the writ
petition and thus render justice.
PRAYER IN W.M.P.(MD) No.13953 of 2016:
To pass an order of interim stay of the Employment Notification-
Advertisement No.l/TNJ/2016 dated 06.07.2016 issued by the 4th
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W.P.(MD) No.19350 of 2016
respondent and quash the same specifically in so far as the direct
recruitment to one post of Technician (Electrical) is concerned pending
disposal of the main writ petition and thus render justice.
PRAYER IN W.M.P.(MD) No.13954 of 2016:
To pass an order of interim direction directing the 4th respondent
to keep vacant of one post of Technician (Electrical) for the petitioner in
the Thanjavur District Cooperative Milk Producers Union Ltd.,
Thanjavur pending final disposal of this main writ petition.
APPEARANCE OF PARTIES:
For Petitioner : Mr. B. Karunanithi for
M/s.Victory Associates.
For Respondents : Mr. J. Ashok, Additional Government
Pleader for R1, R3 & R4.
Mr. V. Prabhu for R2.
JUDGMENT
Heard.
2.The Petitioner, who was employed as a Special Grade Senior Factory Assistant in the 4th Respondent Union, namely, the Thanjavur District Cooperative Milk Producers’ Union, has approached this Court seeking a direction to consider his representation dated 27.09.2016.
3/8https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 01:41:08 pm ) W.P.(MD) No.19350 of 2016 Through the said representation, he had requested for promotion to the post of Technician (Electrical) in the said Union. Having not received any favourable response, the Petitioner has filed the present writ petition praying for appropriate orders on his representation and for grant of consequential promotion to the said post and grant all the service and monetary benefits within a time limit to be fixed by this Hon'ble Court.
3.The Petitioner chose to submit the aforesaid representation after coming to know that the Respondent Union was proposing to fill up the post of Technician (Electrical) through direct recruitment. The qualifications and eligibility criteria prescribed for the said post, as indi-
cated by the Respondents in their recruitment notification, are as follows:
“Basic Qualification required to the Post of Technician (Electrical) by Promotion:
SI.No. Post Existing Provisions in Spl.Bylaws of DCMPUs.
Mode of appointment and Qualification 1 Technician Promotion on selection basis:
(Electrical) 1.SFAs with 5 years experience in Electrical Maintenance in DCMPU.
2.ITI holders in the trade of Electrician with NTC Certificate and “B” Licence (or) Diploma in Electrical and Electronics Engineering and “C” Licence.
3.For non ITI holders 15 years as SFA out of which 5 years experience in Electrical equipment maintenance with “B” Licence.
Ratio : Direct Recruitment : Promotion = 1:1” 4/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 01:41:08 pm ) W.P.(MD) No.19350 of 2016
4.When the matter was taken up for hearing before this Court on 14.02.2025, the following order came to be passed:— “The petitioner is directed to appear before the authorities on 18.02.2025 along with the certificates including B certificate which is produced before this Court. After perusing all the certificates, the 4th respondent is directed to submit a report before this Court on 20.02.2025.”
5.Pursuant to the said order, the 4th Respondent addressed a com-
munication dated 18.02.2025 to this Court, the contents of which are ex-
tracted below: — “The petitioner has joined this union in 1989 as Factory Assistant under compassionate ground and has been given Selection Grade, Special Grade and Super Grade periodically to the holding post. The petitioner has appeared as a private candidate for the Wireman Competency Certificate Examination on 18.05.2018 and obtained Wireman Competency Certificate (No. B 142117) on 19.09.2018 and renewed the same from 19.09.2022 and its validity is upto 18.09.2026. The retirement date of the petitioner is in near future (i.e.,30.11.2028).
The certificates and documents submitted by the petitioner have been scrutinized and found suit the required Technical Qualifications prescribed in the approved Special By-law of the Thanjavur District Cooperative Milk Producers’ Union Ltd., In the mean time, charges has been framed against the petitioner for maintaining heavy parlour dues on 08.08.2022 and all the charges are proved as per the enquiry report Dt:02.12.2023 and so punishment of withholding of increment with cumulative effect for 1 year has been imposed vide C.No.1782/Admin/DP/2021-ll, Dt:
5/8https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 01:41:08 pm ) W.P.(MD) No.19350 of 2016 16.05.2024. Considering the promotion rules and as per the qualifications prescribed in the Special By-law, the petitioner is eligible for promotion to the post of Technician (Electrical) from 01.04.2026 onwards.”
6.In the counter affidavit filed by the 4th Respondent, the circum-
stances under which certain other individuals were appointed to the post of Technician (Electrical) were explained in the following manner:-
“8...It is true that the petitioner is having ITI certificate for Wireman Helper. But it is not the required qualification for the post of Technician (Electrician). Hence, the petitioner does not get himself qualified for promotion to the post of Technician (Electrical). Further it is submitted that averments in para 7 of the affidavit are true and the mentioned circular was issued so as to provide opportunity for promotion to the existing employees.
10....It is submitted that one Thiru. Aadhi Balasubramanian of this union has been re-posted as Electrician. The individual was originally appointed as Electrician and subsequently re-posted as Mazdoor and finally reverted to basic post of Electrician.”
7.The Petitioner has not made out any case for entertaining the writ petition. It is also brought to the notice of this Court that the Petitioner had earlier filed another writ petition in the year 2018 and had obtained an interim order therein, the details or contents of which have not been 6/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 01:41:08 pm ) W.P.(MD) No.19350 of 2016 placed on record. Be that as it may, the Respondents, in their counter af-
fidavit, have stated as follows:— “18.It is finally submitted that one post of Technician (Electrical) is still kept vacant to be filled up by promotion on the order of the Hon'ble Madras High Court of Madurai Bench in W.P (MD)No. 3931 of 2018 and WMP (MD)No. 4077 and 4078 of 2018 filed by the petitioner. The petitioner remains unequipped by qualification required for promotion.”
8.The Petitioner cannot be permitted to act as a dog in the manger by obstructing the Respondent from proceeding with the recruitment pro-
cess to fill up the post, particularly when he himself has not established any enforceable right to the post in question. Accordingly, the writ peti-
tion stands dismissed. The connected miscellaneous petitions are also closed. It is made clear that there shall be no impediment for the Respon-
dent to fill up the post of Technician (Electrical) in accordance with law.
There shall be no order as to costs.
27.06.2025 ay Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No 7/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 01:41:08 pm ) W.P.(MD) No.19350 of 2016 DR. A.D. MARIA CLETE, J ay To
1. The Commissioner of Milk Production and Dairy Development, Madhavaram Milk Colony, Chennai - 600 051.
2. The Managing Director, Tamil Nadu Co-operative Milk Producers Federation Limited, Aavin Illam, Madhavaram, Chennai - 600 051.
Pre-Delivery Judgment made in W.P. (MD) No.19350 of 2016 and W.M.P. (MD) Nos.13952 to 13954 of 2016
3. The Deputy Registrar (Dairying), Old Collector Office Campus, Court Road, Thanjavur.
4. The General Manager, Thanjavur District Co-operative Milk Producers Union Ltd., Nanjikottai Road, Thanjavur - 613 006.
27.06.2025 8/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 01:41:08 pm )