B.Dastugir, v. The Union Of India, Rep.By The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.22100 of 2016 1 B.Dastugir 2 K.Nedunchelian 3 P.Arulraj 4 M.C.Muthukumar 5 R.Mohanasundaram 6 V.Srinivasan 7 R.Shanmugam 8 S.Doss 9 P.Sagadevan 10 R.Jaishankar 11 P.Gangadharan 12 D.Gnanavel 13 M.G.Venkatesan 1/7
14 R.Ramachandran 15 D.Mani 16 K.Mariappan 17 K.Munusamy 18 E.Kumaresan 19 B.Murali 20 D.Senthilkumar 21 A.Manikandan 22 S.Malligaikannan 23 A.Srinivasan 24 S.Pugazhenthi 25 E.Baskaran
...Petitioners
Vs.
1 The Union of India Rep. by the Chairman & Secretary Atomic Energy Commission & Department of Atomic Energy Anushaki Bhavan, Chatrapathi Shivaji Maharaj Marg Mumbai - 400 001.
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2 The Director Indira Gandhi Centre for Atomic Research & General Service Organisation, Department of Atomic Energy, Kalpakkam-603 102 Kancheepuram District.
3 The Chairman Kalpakkam Management Committee Department of Atomic Energy, Kalpakkam-603 102 Kancheepuram District.
4 The Station Director Madras Atomic Power Station, Nuclear Power Organisation of India Limited, Kalpakkam-603 102.
5 The Chairman and Managing Director Bharathiya Nabhikiya Vidyut Nigam Liimited Bhavini Admin Building, Kalpakkam - 603 102, Kancheepuram District.
..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to treat the employees of the Atomic Energy Employees consumer Co-operative Stores Limited in par with the employee of Department of Atomic Energy (DAE) and as their as regular servants and given them the pay scales that are given to regular DAE servants in their corresponding 3/7
posts with effect from 06.04.2013.
For Petitioner : Mr.V.Vinoth Kumar for M/s.S.Vijaydharani For Respondents : Mr.G.Baskaran Central Government Standing Counsel
ORDER
The relief sought for in the present writ petition is to direct the respondents to treat the employees of the Atomic Energy Employees Consumer Co-Operative Stores Limited on par with the employee of Department of Atomic Energy (DAE) and as their regular servants and giving them the pay scales that are given to regular DAE servants in their corresponding posts with effect from 06.04.2013. 2.Admittedly, the writ petitioners are recruited and serving as employees of the Atomic Energy Employees Consumer Co-Operative Stores Limited, which is a Co-operative Society registered under the Provisions of the Tamil Nadu Cooperative Societies Act. A Co-operative Society registered under the said Act is an independent entity and the service conditions of the employees are governed by the Special by-laws of the said Society which was approved by the competent authority 4/7
under the provisions of the Tamil Nadu Co-operative Societies Act. Therefore, society employees cannot be treated on par with the employees of the Department of Atomic Energy, which is the Central Government Organization. Thus, the very claim set out in the writ petition is misconceived and the service conditions of the petitioners are governed under the special by-laws of the Co-operative Societies which is registered under the Tamil Nadu Co-operative Societies Act, 1983 and therefore, the relief as such sought for in the present writ petition cannot be granted by this Court.
3.Accordingly, this writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed.
20.10.2022 Index : Yes Internet : Yes Speaking order : Yes ssr To 1 The Chairman & Secretary Union of India Atomic Energy Commission & Department of Atomic Energy Anushaki Bhavan, 5/7
Chatrapathi Shivaji Maharaj Marg Mumbai - 400 001.
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S.M.SUBRAMANIAM, J.
ssr 2 The Director Indira Gandhi Centre for Atomic Research & General Service Organisation, Department of Atomic Energy, Kalpakkam-603 102 Kancheepuram District.
3 The Chairman Kalpakkam Management Committee Department of Atomic Energy, Kalpakkam-603 102 Kancheepuram District.
4 The Station Director Madras Atomic Power Station, Nuclear Power Organisation of India Limited, Kalpakkam-603 102.
5 The Chairman and Managing Director Bharathiya Nabhikiya Vidyut Nigam Liimited Bhavini Admin Building, Kalpakkam - 603 102, Kancheepuram District.
and W.M.P.No.22100 of 2016 20.10.2022 7/7