D.Senthil v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.33903 of 2022 and W.M.P. No.33397 of 2022 D.Senthil ... Petitioner vs.

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

2.Co-operative Officer (Planning) Co-operative Societies Department, Puducherry.

3.P.Thunaivendhan 4.V.Vijayakumar 5.J.Kaliyaperumal 6.M.Vaithiyanathan 7.V.Suriya 8.M.Mathan 9.K.Saranya 10.K.Radjeswary ... Respondents 1/6

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to implement the order passed by the Pondicherry Co-operative Officer (Planning) in NMD No.3 of 2019 dated 30.06.2021 and to direct the first respondent to promote the petitioner to the post of Junior Assistant with retrospective effect from the date on which the petitioner's juniors were promoted with all other consequential benefits.

For petitioner :

Mr.G.Shanmugam For respondents :

Mr.V.Vasantha Kumar, Additional Government Pleader (Pondy) for R1 and R2

ORDER

This writ petition has been filed for a Mandamus seeking for a limited relief.

2.The petitioner seeks to implement the order passed in his favour by the Puducherry Co-operative Officer (Planning) in NMD No.3 of 2019 dated 30.06.2021. Under the said order, the Puducherry Co-operative Officer (Planning) has granted relief to the petitioner by directing the first respondent to promote him to the post of Junior Assistant from the date on which his juniors were promoted and a direction was issued to the respondents 1 and 2 to pay all the service 2/6

benefits to the petitioner. The petitioner has given several representations including the last representation on 27.10.2022 requesting the first respondent to implement the order dated 30.06.2021 passed by the Puducherry Co-operative Officer (Planning) in NMD No.3 of 2019. Since the said representations have not been considered till date, he has filed this writ petition.

3.Heard Mr.G.Shanmugam, learned counsel for the petitioner and Mr.V.Vasantha Kumar, learned Additional Government Pleader (Pondy), who accepts notice on behalf of the respondents 1 and 2 and seeks time to file counter.

4.This Court is not expressing any opinion on the merits of the petitioner's representation as this Court does not know as to whether any Appeal has been filed as against the order dated 30.06.2021 passed by the Puducherry Co-operative Officer (Planning) in NMD No.3 of 2019 in petitioner's favour.

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5.The petitioner has produced a copy of the order dated 30.06.2021 passed by the Puducherry Co-operative Officer (Planning) in NMD No.3 of 2019 in his favour. He seeks for implementation of the said order. 6.No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered, on merits and in accordance with law, within a time frame to be fixed by this Court. 7.For the foregoing reasons, this Court directs the first respondent to pass final orders, on merits and in accordance with law on the petitioner's representation dated 27.10.2022 seeking for implementation of the order dated 30.06.2021 passed by the Puducherry Co-operative Officer (Planning) in NMD No.3 of 2019, within a period of twelve weeks from the date of receipt of a copy of this order. 8.With the aforesaid direction, the writ petition stands disposed of. No costs. Consequently, connected W.M.P. stands closed. 4/6

20.12.2022 vga To 1.The Managing Director, Pondicherry Co-op Milk Producers' Union Ltd., Kurumampet, Puducherry.

2.Co-operative Officer (Planning) Co-operative Societies Department, Puducherry.

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ABDUL QUDDHOSE, J.

vga W.P.No.33903 of 2022 and W.M.P. No.33397 of 2022 20.12.2022 6/6