A.Kathirvel v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.18924 of 2025 and W.M.P.(MD)No.14495 of 2025 A.Kathirvel ... Petitioner -vs1. The Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Secretariat, Chennai - 600 009.

2. The Commissioner, Milk Production and Dairy Development, Nandanam, Chennai - 600 034.

3. The General Manager, Thanjavur District Cooperative- Milk Producers Union Limited, Thanjavur - 613006.

4. The Deputy Registrar (Dairying), Dairy Development Department, Old Collector's Office, Court Road, Thanjavur - 613007.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Order in Na.Ka.No. 3827/ Administration /2023 dated 1/6

29.05.2025 on the file of the Respondent No. 3 and quash the same as illegal and consequently for a direction, directing the Respondents to regularize the service of the petitioner on par with the regularization of the similarly placed persons in G.O.(2D) No. 138, Animal Husbandry, Dairying and Fisheries (MP-II) Department, dated 28.09.2007 and following the Orders passed in W.P.(MD) No. 21440 of 2015 dated 19.02.2021 and to grant all consequential monetary and retirement benefits to the petitioner within the time period stipulated by this Court.

For Petitioner : Mr.T.Aswin Raja Simman For Respondent : Mr.K.Balasubramani (R1, R2 & R4) Special Government Pleader Mr.K.Prabhu (R3)

ORDER

This writ petition has been filed challenging the impugned Order in Na.Ka.No. 3827/ Administration /2023 dated 29.05.2025 on the file of the third respondent with a consequential direction to the respondents to regularize the service of the petitioner on par with regularization of the similarly placed persons in G.O.(2D) No. 138, Animal Husbandry, Dairying and Fisheries (MP-II) Department, dated 28.09.2007 and following the order passed by this Court in W.P.(MD) No. 21440 of 2015 dated 19.02.2021 and to 2/6

grant all consequential monetary and retirement benefits to the petitioner within the time period stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner was appointed as 'Casual Employee' in Thanjavur District Cooperative Milk Producers Union Limited (TDCMPU Ltd.) on 25.08.1988 and he had rendered 34 years of service without any blemish. He attained superannuation on 31.07.2022. However, the petitioner's retirement monetary benefits have not been granted stating the reason that his service has not been regularized.

4. At this juncture, the learned Special Government Pleader appearing for the respondents 1, 2 and 4 submitted that if a fresh proposal is submitted by the third respondent before the first respondent, the case of the petitioner will be considered afresh on merits and in accordance with law and hence, the matter may be remanded back for reconsideration, for which, the learned counsel appearing for the third respondent also concur with the same. 3/6

5. Considering the aforesaid submission made, the impugned order dated 29.05.2025 is set aside and the matter is remanded back to the third respondent for a fresh consideration. There shall be a direction to the third respondent to submit a fresh proposal to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the same on its own merits and pass appropriate orders in accordance with law, within a period of four months thereafter. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

11.07.2025 NCC : Yes/No (1/2) Index : Yes / No sm 4/6

TO:-

1. The Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Secretariat, Chennai - 600 009.

2. The Commissioner, Milk Production and Dairy Development, Nandanam, Chennai - 600 034.

3. The General Manager, Thanjavur District Cooperative- Milk Producers Union Limited, Thanjavur - 613006.

4. The Deputy Registrar (Dairying), Dairy Development Department, Old Collector's Office, Court Road, Thanjavur - 613007.

5/6

VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.18924 of 2025 (1/2) Dated:

11.07.2025 6/6