Barathi S v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.7158, 7159 & 9145 of 2023 W.P(MD)No.7720 of 2023:
1.S.Barathi 2.M.Ravimoorthi 3.V.Vinayagamoorthy (P.2 & P.3 are impleaded vide order of this Court dated 27.04.2023 in W.M.P(MD)No.9638 of 2023) ... Petitioners Vs 1.The State represented by The Principal Secretary to Government, 1/6
3.Tamil Nadu Co-operative State Agriculture Through its Managing Director, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned proceeding of the third respondent dated 20.03.2023 rejecting the petitioner's request for promotion and consequently direct the respondents to promote from the post of Assistant Development officer to Assistant Managers and then as Managers within the time stipulated by this Court with all service, monetary and attendant benefits. For Petitioners : Mr.VR.Shanmuganathan For Respondents : Mr.S.Shanmugavel Additional Government Pleader W.P(MD)No.10293 of 2023:
S.Loganathan ... Petitioner Vs 1.The State represented by The Principal Secretary to Government, 2/6
3.Tamil Nadu Co-operative State Agriculture Through its Managing Director, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to promote from the post of Assistant Development Officer to Assistant Managers and then as Managers within the time stipulated by this Court with all service, monetary and attendant benefits.
For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.S.Shanmugavel Additional Government Pleader C OMMON
ORDER
Heard the learned counsel on either side.
2. The order impugned in this writ petition does not warrant interference. It only states that the post of Manager will have to be filled up by the feeder grade of Assistant Manager. As of now the petitioners were holding the post of 3/6
Assistant Development Officer. They are yet to be promoted as Assistant Managers. For this reason, I decline to interfere with the impugned order.
3. At present, there are vacancies in the post of Assistant Manager. The petitioners are very much in the feeder grade. The third respondent is directed to consider the petitioners' application for being promoted as Assistant Managers. It is stated that as per bye-laws non-graduates cannot be considered for promotion to the post of Assistant Manager. It appears that proposal is pending with the first respondent to enable even non-graduates be promoted. Since vacancies have arisen, it is the petitioners who will have to be considered first. Therefore, the third respondent is directed to consider the petitioner's request for being promoted as Assistant Manager. This exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
4. These writ petitions are disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 26.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 4/6
To 1.The Principal Secretary to Government, 3.The Managing Director, Tamil Nadu Co-operative State Agriculture 5/6
G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)Nos.7158, 7159 & 9145 of 2023 26.06.2023 6/6