A.Vimalraj v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.24781, 24782, 24788, 24789, 24785, 24786, 24792 & 24794 of 2024 A.Vimalraj .. Petitioner (in W.P.No.22743 of 2024) D.Kamalakannan .. Petitioner (in W.P.No.22747 of 2024) P.Ravichandran .. Petitioner (in W.P.No.22752 of 2024) C.Thatchayani .. Petitioner (in W.P.No.22757 of 2024) Vs.

1.The Managing Director, Pondicherry Co-op Milk Producers' Union Ltd., Kurumampet, Puducherry.

2.The Registrar of Co-op Societies, Puducherry.

3.Suriya.V, working as Junior Assistant, Pondicherry Co-op. Milk Producers' Union, Puducherry - 605 009.

1/6

4.M.Mathan, working as Junior Assistant, Pondicherry Co-op. Milk Producers' Union, Puducherry - 605 009.

5.Saranya.K, working as Junior Assistant, Pondicherry Co-op. Milk Producers' Union, Puducherry - 605 009.

6.Radjespary, working as Junior Assistant, Pondicherry Co-op. Milk Producers' Union, Puducherry - 605 009.

.. Respondents (in all cases) Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records of the first respondent with No.Ponlait/Estt./Cadres Strength/695/2016-17 dated 28.09.2018 and to quash the same in respect of promotion of respondents 3 to 6 and consequently to direct the first respondent to promote the petitioner to the post of Junior Assistant with effect from the date on which the respondents 3 to 6 were promoted with all other consequential benefits including difference of wages, seniority, etc.

(In all cases):

For petitioners :

Mr.V.Ajayakumar For RR 1 & 2 :

Mr.R.Sreedhar Additional Government Pleader (Pondy) 2/6

C O M M O N O R D E R All these writ petitions have been filed challenging the proceedings of the 1st respondent dated 28.09.2018 and for a consequential direction to the respondents to promote the petitioners to the post of Junior Assistant with effect from the date on which the respondents 3 to 6 were promoted with all consequential benefits.

2.Heard the learned counsel for the petitioners and the learned Additional Government Pleader (Pondy) for respondents 1 & 2. 3.The case of the petitioners is that they joined the service in the 1st respondent society during the years 2009 - 2010 on daily wage basis. Their services were regularized during the year 2016 and they were placed in the regular pay scale. The grievance of the petitioners is that the respondents 3 to 6 were junior to the petitioners and whereas their names were considered for promotion to the post of Junior Assistant in the year 2018. The same has been put to challenge in the present Writ Petitions. 4.In the considered view of this Court, the proceedings of the year 3/6

2018 has been challenged in the year 2024. Therefore, there is substantial delay and such relief sought for is hit by latches. However, considering the grievance of the petitioners, there shall be a direction to the 1st respondent to consider the representations made by the petitioners and to deal with the same on its own merits and in accordance with law and take a decision within a period of eight (8) weeks from the date of receipt of a copy of this order.

5.The petitioners are directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order.

6.Accordingly, these Writ Petitions are disposed of with the above directions. Consequently, the connected Miscellaneous Petitions are closed. No costs.

08.08.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 4/6

To 1.The Managing Director, Pondicherry Co-op Milk Producers' Union Ltd., Kurumampet, Puducherry.

2.The Registrar of Co-op Societies, Puducherry.

N.ANAND VENKATESH, J.

5/6

krk 08.08.2024 6/6