Madras High Court
S.Periyasamy vs The Commissioner on 28 August, 2025
W.P.(MD)No.2249 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
W.P.(MD)No. 2249 of 2021
and
W.M.P.(MD)Nos.1872 and 1873 of 2025
S.Periyasamy,
S/o.Subbiah Thevar,
Executive (Engineering),
AAVIN,
A.1301, Madurai District Cooperative
Milk Producer's Union Limited
Sathamangalam, Madurai – 625 020. ...Petitioner
Vs
1.The Commissioner,
AAVIN,
Dairy Milk Production & Development,
Department, Mathavaram,
Chennai – 600 051.
2.The General Manager,
AAVIN,
A.1301, Madurai District Cooperative
Milk Producer's Union Limited,
Sathamangalam,
Madurai – 625 020.
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W.P.(MD)No.2249 of 2021
3.The Deputy Registrar,
(Dairying), Madurai.
4.M.Kannan,
Executive (Engineering),
AAVIN,
A.1301, Madurai District Cooperative
Milk Producer's Union Limited,
Sathamangalam,
Madurai – 625 020. ...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorari and Mandamus, calling for the impugned
proceedings of 1st Respondent in Rc.No.14018/N2/2020 dated 11.01.2021
quash the same insofar as directing mode of promotion by selection basis
for Deputy Manager (Dairy Engg) in the 2nd Respondent thereby promoting
the 4th Respondent is concerned contrary to Special Bye Law-38 of 2 nd
Respondent as per seniority and consequently direct the Respondents 1 to
3 herein to promote the Petitioner herein as Deputy Manager (Dairy Engg)
on the basis of seniority as per Special Bye Law-38 of 2nd Respondent
Union placing the Petitioner above his junior 4th Respondent herein in the
seniority list.
For Petitioner : Mr.P.Santhana Krishnan
For Respondents : Mr.F.Deepak
Special Government Pleader
(R-1)
Mr.K.Prabhu
(R-2)
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W.P.(MD)No.2249 of 2021
ORDER
This writ petition has been filed with the following prayer:-
“Writ of Certiorari and Mandamus, calling for the impugned proceedings of 1st Respondent in Rc.No.14018/N2/2020 dated 11.01.2021 quash the same insofar as directing mode of promotion by selection basis for Deputy Manager (Dairy Engg) in the 2nd Respondent thereby promoting the 4th Respondent is concerned contrary to Special Bye Law-38 of 2nd Respondent as per seniority and consequently direct the Respondents 1 to 3 herein to promote the Petitioner herein as Deputy Manager (Dairy Engg) on the basis of seniority as per Special Bye Law-38 of 2nd Respondent Union placing the Petitioner above his junior 4th Respondent herein in the seniority list.”
2.Heard Mr.P.Santhana Krishnan learned counsel for the petitioner, Mr.F.Deepak, learned Special Government Pleader for the first respondent and Mr.K.Prabhu, learned counsel for the second respondent.
3.This Court, vide order dated 21.08.2025, had passed the following order:-
3/12https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:31:52 pm ) W.P.(MD)No.2249 of 2021 “Heard Mr.P.Santhana Krishnan, learned counsel appearing for the Petitioner and Mr.F.Deepak, learned Special Government Pleader for the Respondents 1 & 3 and Mr.K.Prabhu, learned counsel for the 2nd Respondent.
2. This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari and Mandamus, to call for the records relating to the impugned proceedings of 1st Respondent in Rc.No.14018/N2/2020, dated 11.01.2021, and to quash the same, insofar as directing mode of promotion by selection basis for Deputy Manager (Dairy Engg) in the 2nd Respondent, thereby promoting the 4th Respondent as contrary to Special Bye Law-38 of 2nd Respondent as per seniority and consequently direct the Respondents 1 to 3 herein to promote the Petitioner herein as Deputy Manager (Dairy Engg) on the basis of seniority as per Special Bye Law-38 of 2nd Respondent Union placing the Petitioner above his junior 4th Respondent herein in the seniority list.
3. This Court vide order dated 11.08.2025 passed the following order:
“Mr.F.Deepak, learned Special Government Pleader for the first respondent submits that the first respondent shall take a decision on the proposal sent by the second respondent within 10 days from today, without fail.
2.It was further submitted that the decision 4/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:31:52 pm ) W.P.(MD)No.2249 of 2021 taken by the first respondent shall be communicated to the petitioner and a copy of the decision taken by the first respondent shall also be produced before this Court on the next date fixed. He prays for an adjournment in this regard.
3.Mr.P.Santhana Krishnan, learned counsel for the petitioner has no objection to the aforesaid prayer made by the learned Special Government Pleader for the first respondent.
4.Accordingly, as prayed for by the learned Special Government Pleader for the first respondent, adjournment is allowed.
5.Put up this case on 21.08.2025 'for orders' before this Court.”
4. Mr.P.Santhana Krishnan, learned counsel appearing for the petitioner, submits that, pursuant to the order dated 11.08.2025, no order has been passed by the 1st Respondent, although the petitioner is due to retire on 31.08.2025. He further submits that, as the case has been pending since the year 2021, this Court had already granted sufficient time to the learned counsel for the respondents to consider the petitioner's claim and pass appropriate orders. However, no action has been taken by the respondents till date.
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5. At this juncture, Mr.K.Prabhu, learned counsel for the 2nd Respondent, submits that the 2nd Respondent, General Manager, AAVIN, A.1301, Madurai District Cooperative Milk Producers’ Union Limited, Sathamangalam, Madurai – 625 020, sent a proposal vide proceedings dated 29.07.2025 to the 1st Respondent, Commissioner, AAVIN, Dairy Milk Production & Development Department, Madhavaram, Chennai – 600 051, recommending that the petitioner be granted promotion to the post of Deputy Manager (Engineering) with effect from 12.01.2021, along with notional monetary benefits with effect from 12.01.2021.
6. Mr.F.Deepak, learned Special Government Pleader for Respondents 1 and 2, submits that the petitioner's claim is under process and prays that this Court may grant some further time to pass suitable orders.
7. After considering the submissions made by the learned counsel for the parties and upon perusal of the order dated 11.08.2025 passed by this Court in the present writ petition, this Court is of the view that the respondents are merely causing delay and thereby frustrating the implementation of the said order.
8. It is brought to the notice of this Court that the petitioner is due to retire on attaining the age of superannuation on 31.08.2025. Though the 2nd Respondent has forwarded the proposal to the 1s Respondent on 29.07.2025, no order has been 6/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:31:52 pm ) W.P.(MD)No.2249 of 2021 passed till date on the petitioner's claim. The inaction of the 1st Respondent amounts to sitting tight over the matter despite the directions of this Court.
9. Accordingly, the 1st Respondent/the Commissioner, AAVIN, Dairy Milk Production & Development Department, Madhavaram, Chennai – 600 051, is directed to appear in person before this Court on 25.08.2025, along with the relevant records, to explain and justify the delay in acting upon the petitioner's claim.
10. Put up this case on 25.08.2025 “For Orders”.
11. Let a copy of this order be given to Mr.F.Deepak, learned Special Government Pleader and Mr.K.Prabhu, learned counsel for its necessary compliance and information to the Respondents.”
4.Today, when the matter is taken up, Mr.F.Deepak, learned Special Government Pleader for the first respondent, in compliance of the order passed by this Court, dated 21.08.2025 in the present writ petition, has produced a copy of the proceedings issued by the second respondent/the General Manager, AAVIN, Madurai District Cooperative Milk Producer's Union Limited, Sathanmangalam, Madurai, dated 23.08.2025 and submits that the direction issued by this Court in W.P.(MD) No.2249 of 2021, 7/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:31:52 pm ) W.P.(MD)No.2249 of 2021 dated 21.08.2025 has been fully complied with. It was further submitted that the petitioner has been granted promotion on the post of Deputy Manager (Engineering) with effect from 13.01.2021 along with notional monetary benefits with effect from 01.08.2025.
5.Relevant portion of the proceedings issued by the second respondent/the General Manager, AAVIN, Madurai District Cooperative Milk Producer's Union Limited, Sathanmangalam, Madurai, dated 23.08.2025 is extracted herein below:-
“ghu;itapy; fz;Ls;s Mizau;> ghYw;gj;jp kw;Wk; ghy;gz;iz Nkk;ghl;Lj;Jiw> mtu;fspd; mDkjpapd;gb fPo;fz;l gzpahsu; kJiu xd;wpaj;jpd; rpwg;G Jiz tpjp gpupT 7.1.2-,d;gb nrayu; (nghwpapay;) gjtpapypUe;J 13.01.2021 Kjy; fUj;jpayhf JizNkyhsu; (nghwpapay;) Mf jw;fhypfkhf gjtp cau;T toq;fpAk;. 01.08.2025 Kjy;
gzg;gyd;fis (&.35900-113500> Cjpa epiy-13) toq;fTk; cj;jutplg;gLfpwJ.
t. gzpahsu; gzpahsu; jw;Nghija gjtp cau;T gzp
vz; ngau; vz; gjtp
1 jpU.S.nguparhkp 18912 nrayu; JizNkyhsu;
(nghwpapay;) (nghwpapay;)
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W.P.(MD)No.2249 of 2021
6.Thus, he submits that in view of the compliance of the order of this Court dated 21.08.2025 and in view of the proceedings issued by the second respondent/the General Manager, AAVIN, Madurai District Cooperative Milk Producer's Union Limited, Sathanmangalam, Madurai, dated 23.08.2025, now, there is no cause of action exists in the present writ petition and accordingly, the same is liable to be disposed of in the above terms.
7.A copy of the proceedings issued by the second respondent/the General Manager, AAVIN, Madurai District Cooperative Milk Producer's Union Limited, Sathanmangalam, Madurai, dated 23.08.2025, has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner.
8.Mr.P.Santhana Krishnan, learned counsel for the petitioner submits that he has received a copy of the proceedings issued by the second respondent/the General Manager, AAVIN, Madurai District Cooperative Milk Producer's Union Limited, Sathanmangalam, Madurai, dated 23.08.2025 and after perusal of the same, he submits that the direction 9/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:31:52 pm ) W.P.(MD)No.2249 of 2021 issued by this Court in W.P.(MD) No.2249 of 2021, dated 21.08.2025 has been fully complied with and the petitioner has been granted promotion on the post of Deputy Manager (Engineering) with effect from 13.01.2021 along with notional monetary benefits with effect from 01.08.2025. Thus, he has no objection, if the present writ petition is disposed of, in view of the above terms.
9.Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the direction issued by this Court in W.P.(MD) No.2249 of 2021, dated 21.08.2025 and the proceedings issued by the second respondent/the General Manager, AAVIN, Madurai District Cooperative Milk Producer's Union Limited, Sathanmangalam, Madurai, dated 23.08.2025 and also considering the fact that the petitioner has been granted promotion on the post of Deputy Manager (Engineering) with effect from 13.01.2021 along with notional monetary benefits with effect from 01.08.2025, this Court deems it appropriate that no useful purpose will be served in keeping this Writ Petition pending before this Court, as the direction issued by this Court in W.P.(MD) No.2249 of 2021, dated 21.08.2025 has been fully complied with by the respondents.
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10.Accordingly, the Writ Petition is finally disposed of. The file is consigned to record. No costs. Consequently, connected Miscellaneous Petitions are closed.
28.08.2025 mm To:
1.The Commissioner, AAVIN, Dairy Milk Production & Development, Department, Mathavaram, Chennai – 600 051.
2.The General Manager, AAVIN, A.1301, Madurai District Cooperative Milk Producer's Union Limited, Sathamangalam, Madurai – 625 020.
3.The Deputy Registrar, (Dairying), Madurai.11/12
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