Madras High Court
P.Murugan vs )The Managing Director on 21 December, 2015
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P(MD)No.23104 of 2015
P.Murugan ... Petitioner
Vs.
1)The Managing Director,
Tamil Nadu Co-operative Milk Producers Federation Ltd.,
Mathavaram,
Chennai-600 051.
2)The General Manager,
Madurai District Co-operative Milk Producers Union Ltd.,
Madurai Aavin,
Madurai,
Madurai District. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, directing the 2nd respondent to consider
the petitioner's name for promotion to the post of Junior Executive and
Executive from the date on which juniors were promoted, without reference to
Higher Secondary Course (+2) and taking into account of the degree obtained
by the petitioner on the basis of two years Foundation Course and two years
Diploma in I.T.I in terms of G.O. Ms.No.242 Higher Education (B1) Department
dated 18.12.2012 and by considering the petitioner's representation dated
04.12.2015 within the period that may be stipulated by this Hon'ble Court.
!For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates
For Respondents : Mr.T.R.Janarthanam, AGP
:ORDER
The petitioner was appointed as a Casual Labour on daily wage basis at Main Diary, Aavin Department, Madurai, on 26.11.1981. At that time, he passed SSLC. In 1985, he passed two years course in ITI(Mechanic).
2.The learned counsel for the petitioner has submitted that the petitioner also completed two years foundation course in Madurai Kamaraj University in 1990. According to him, a pass in the said course would give the petitioner the benefit to join the degree course, as per the University Grants Commission Regulations and also the judgment of this Court in P.Raman vs. The Government of Tamil Nadu (W.P.Nos.13054, 13055, 13742, 14150 and 14151 of 2010 and 12419 of 2011 dated 21.04.2014), wherein it is held that UGC regulations provides for admission of a student, who did not possess +2 qualification, in a degree course through correspondence, if the candidate has passed the qualifying examination conducted by the University for such purpose.
3.The petitioner was promoted as Technician on 28.12.1993. While so, the petitioner has passed B.A.(Economics) in 1998. He also possessed the post graduate diploma in Co-operative Management in 2007, but the degree obtained by the petitioner was not recognised by the respondents to consider him for promotion to the post of Junior Executive and also Executive.
4.According to the petitioner, the persons who joined later to him are promoted as Junior Executive and Executive. It is the case of the petitioner that as per G.O.Ms.No.242, Higher Secondary(B1) Department, dated 18.12.2012, if one has passed SSLC and has also passed two years ITI course, then, it amounts to passing of +2. Therefore, according to him, in view of G.O.Ms.No.242, Higher Secondary(B1) Department, dated 18.12.2012, the degree obtained by him is valid. Even otherwise, the degree is valid, in view of the judgment referred to above.
5.Hence, the petitioner made a representation dated 04.12.2015 to consider him for the post of Junior Executive and also Executive, in the light of G.O.Ms.No.242, Higher Secondary(B1) Department, dated 18.12.2012 and also the judgment of this Court in P.Raman vs. The Government of Tamil Nadu, referred to above.
6.The learned counsel for the petitioner has submitted that the writ petition could be disposed of by directing the 2nd respondent to consider the representation of the petitioner dated 04.12.2015 in the light of G.O.242 and the judgment referred to above, within a stipulated period.
7.In view of the narrow prayer made, the writ petition is disposed of directing the 2nd respondent to consider the representation of the petitioner dated 04.12.2015, with regard to the claim of the petitioner to promote him to the post of Junior Executive and Executive, by considering his degree as a valid one and pass appropriate orders, in the light of G.O.Ms.No.242, Higher Secondary(B1) Department, dated 18.12.2012 and also the judgment of this Court in P.Raman vs. The Government of Tamil Nadu, within a period of six weeks from the date of receipt of a copy of this order. No costs.
To
1)The Managing Director, Tamil Nadu Co-operative Milk Producers Federation Ltd., Mathavaram, Chennai-600 051.
2)The General Manager, Madurai District Co-operative Milk Producers Union Ltd., Madurai Aavin, Madurai, Madurai District..