V.Murugaiyan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2017
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.2577/2017 & WMP.No.2536/2017 1.V.Murugaiyan 2.M.Harikrishnan ..
Petitioners Vs 1.The Managing Director, The Pondicherry Co-operative Sugar Mills Pvt. Ltd., Lingareddipalayam, Puducherry.
2.The Chief Chemist (Production Department) The Pondicherry Co-operative Sugar Mills Pvt. Ltd., Lingareddipalayam, Puducherry.
..
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to consider the case of the petitioners and promote them to the post of Centrifugal Mate by relaxing educational qualification.
For Petitioners :
Mr.M.Gnanasekar For Respondents :
Mr.C.T.Ramesh Addl. Govt. Pleader (Pondy)
ORDER
By consent, the writ petition is taken up for final disposal. Mr.C.T.Ramesh, learned Additional Government Pleader (Pondy) accepts notice on behalf of the respondents.
2. The petitioner in the affidavit filed in support of the petitioner would aver among the things. Both the petitioners got appointed as Centrifugal Operators (Seasonal) in pursuance of the proceedings of the Recruitment Committee dated 12.02.1985 and got accommodated in the services of the Pondicherry Cooperative Sugar Mills Pvt. Ltd., Pondy,. They claim that from the date of inception they have put in unblemished service of the superior officers. It is further averred by the petitioners that the post of Centrifugal Operator is a seasonal one and the higher promotional avenue is the post of Centrifugal Mate
(Seasonal). While so, Chegalrayan Co-operative Sugar Mills Ltd., Periyasevalai regularised the services of 9 members of Centrifugal Operators (Seasonal).
3. The grievance now expressed by the petitioners is that though they were working in the capacity for the past 30 years, their services have not been regularised and they have not been granted upgradation. In this regard, the petitioners have submitted representations dated 20.03.2010 & 07.03.2015 and also issued legal notice dated 17.03.2016 through their counsel. Despite receipt and acknowledgment, their grievance is yet to be addressed and hence the petitioners have come forward to file the present writ petition.
4. This Court heard the submissions of Mr.M.Gnanasekar, learned counsel appearing for the petitioners and Mr.C.T.Ramesh, learned Additional Government Pleader (Pondy) appearing for the respondents.
5. Though the petitioners have prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners in their representation or in this writ petition, directs the first respondent to consider and dispose of the petitioners' representation in the form of legal notice dated 17.03.2016, on merits and in accordance with law and pass appropriate orders, within a period of ten (10) weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.
6. The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar rgr
To 1.The Managing Director, The Pondicherry Co-operative Sugar Mills Pvt. Ltd., Lingareddipalayam, Puducherry.
2.The Chief Chemist (Production Department) The Pondicherry Co-operative Sugar Mills Pvt. Ltd., Lingareddipalayam, Puducherry.
+1 cc to the Government Pleader sr 6771 +1 cc to M/s.M.Gnanasekar Advocate sr 6715 W.P.No.2577/2017 ss(co) aa14/02/2017