← Library
Madras High CourtWP/26484/2021disposed of

G.Jeyakumar v. The Principal Secretary To Government

2021-12-13Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.26484 of 2021 G.Jeyakumar ..

Petitioner vs.

1.The Principal Secretary to Government, Industries Department, Secretariat, Chennai-600 009.

2.The Commissioner of Sugar, 2nd Floor, Aavin Illam, Pasumpon Muthuramalinganar Road, Nandhanam, Chennai-35.

3.The Managing Director, Subramaniya Siva Cooperative Sugar Mills Ltd., Gopalapuram, Alapuram Post, Papireddypatti Taluk, Dharmapuri District - 636 904.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to dispose of the representation of the petitioner dated 22.09.2021 based on the recommendations of the Commissioner of Sugar / 2nd respondent herein and that of the Managing Director / 3rd respondent herein to relax the Educational Qualification of B.Sc., (Agri) for the post of Cane Officer and for promotion of the petitioner as Cane Officer which post is vacant in Subramania Siva Cooperative Sugar Mill.

For Petitioner : Mr.L.Ramanathan For Respondents : Mr.A.Selvendran,Spl.GP -R1 &R2

O R D E R

The prayer sought for in the writ petition is to direct the 1st respondent to dispose of the representation of the petitioner dated 22.09.2021 based on the recommendations of the Commissioner of Sugar / 2nd respondent herein and that of the Managing Director / 3rd respondent herein to relax the Educational Qualification of B.Sc., (Agri) for the post of

Cane Officer and for promotion of the petitioner as Cane Officer which post is vacant in Subramania Siva Cooperative Sugar Mill.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the 1st & 2nd respondents and perused the materials available on record.

3. The learned counsel for the petitioner has submitted that the writ petitioner was appointed as Cane Development Assistant in the 3rd respondent Mill. The petitioner had possessed educational qualification Diploma in Agriculture B.Sc (Botany). The petitioner is having total experience of 31 years in the 3rd respondent-Mill. The learned counsel for the petitioner has further submitted that the 2nd respondent by letter dated 16.07.2016 recommended the Post Graduate Course of M.Sc (Sugar Cane Technology) conducted by the Tamil Nadu Agricultural University. On receipt of the said letter, the Managing Director had published the same in the notice board of the 3rd respondent.

After getting permission from the management, the petitioner had joined in the said course conducted jointly by the Tamil Nadu Agricultural University and Sugar Cane Breeding Institute in Coimbatore and passed the said course with overall percentage of 72.07 marks and produced the certificates to the Management. According to the learned counsel for the petitioner, the petitioner has become eligible for the post Cane Officer.

4. The learned counsel for the petitioner further submitted that as per G.O.Ms.No. 132, Industries (MIC-2) Department, dated 10.11.2018 and G.O.Ms.No. 87, Industries (MIC-2) Department, dated 27.03.2019, the prescribed educational qualification is BSc (Agri) with three years experience as Cane Assistant/Cane Development Assistants . But the petitioner has possessed the qualification of M.Sc (Sugar Cane Technology), therefore, the petitioner has made a representation to the 1st respondent/Government for grant of one time recognition for promotion to the post of Cane Officer. The Commissioner of Sugar/2nd respondent, who is the authority of the Sugar Mills by letter dated 10.08.2017 had recommended the petitioner for said post as exceptional case. The said recommendation is still pending with the 1st respondent, hence the present writ petition.

5. Per contra, the learned Special Government Pleader appearing for the respondents 1 & 2 has submitted that the Government in G.O.Ms.No.132, Industries (MIC-2) Department, dated 10.11.2018 and G.O.Ms.No. 87, Industries (MIC-2) Department, dated 27.03.2019, have clearly mentioned that the qualification for the post of Cane Officer is Bsc (Agri) with three years experience as Cane Assistants/Cane Development Assistants in Cooperative Sugar Mills. Whereas the petitioner herein has possessed the qualification of Diploma in

Agriculture B.Sc (Botany), therefore, the petitioner is not eligible for the said post.

6. The prayer in the writ petition is only for a direction to consider the petitioner's representation dated 22.09.2021 based on the recommendation made by the 2nd respondent.

7. In view of the limited prayer sought for in the writ petition, without expressing any opinion on merits of the case, I direct the 1st respondent to consider the petitioner's representation dated 22.09.2021 by taking note of the recommendation made by the 2nd respondent and to pass orders in accordance with law, as expeditiously as possible, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

8. With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(LA) //True copy// Sub Assistant Registrar ak To 1.The Principal Secretary to Government, Industries Department, Secretariat, Chennai-600 009.

2.The Commissioner of Sugar, 2nd Floor, Aavin Illam, Pasumpon Muthuramalinganar Road, Nandhanam, Chennai-35.

3.The Managing Director, Subramaniya Siva Cooperative Sugar Mills Ltd., Gopalapuram, Alapuram Post, Papireddypatti Taluk, Dharmapuri District - 636 904.

+1cc to Mr.L.Ramanathan, Advocate SR.No.66245 +1cc to Government Pleader SR.No.66642 W.P.No.26484 of 2021 SVI(CO) GMY(06/01/2022)