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Madras High CourtWP(MD)/24344/2025allowed

Selvam R v. State Of Tamil Nadu

2025-09-10Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2025

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU 1.R.Selvam 2.R.Ramadevi 3.T.Mohan ... Petitioners Vs.

1.The State of Tamil Nadu, Represented by its 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-613 006.

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4.The Deputy Registrar (Dairying), Dairy Development Department, Old Collector's Office, Court Road, Thanjavur-613 007.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to regularize the services of the petitioners 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 to grant all consequential monetary and retirement benefits within the time period stipulated by this Court. For Petitioners : Mr.T.Aswin Raja Simman For R-1, R-2 & R-4 : Mr.M.Siddharthan Additional Government Pleader For R-3 : Mr.K.Prabhu Standing Counsel

ORDER

The present Writ Petition has been filed seeking for a direction to direct the respondents 1 to 3 to regularize the services of the petitioners on par with the regularization of the similarly placed persons in G.O(2D)No.138, Animal Husbandry, Dairying and Fisheries(MP-II) 2/6

Department, dated 28.09.2007 and to grant all consequential monetary and retirement benefits within the time period stipulated by this Court.

2. The learned Counsel appearing for the petitioner would submit that, in a similar circumstances, the third respondent was required to submit a fresh proposal on the claim made by similarly placed casual employee to the first respondent so as to consider the claim of the petitioner on merits. In that regard, they have produced the order of this Court made in W.P(MD)No.18925 of 2025, dated 11.07.2025.

3. Mr.K.Prabhu, learned Standing Counsel appearing for the third respondent would submit that if similar orders were passed, the third respondent would forward the fresh proposal to the first respondent to be considered in accordance with law.

4. I have carefully considered the submissions made on either side.

5. In view of the fact that this Court in a similar circumstances had in fact set aside an order passed by the third respondent and had directed 3/6

the submission of fresh proposal by the third respondent to the first respondent within a time frame, this Court finds no impediment in ordering this writ petition on the same lines as ordered by this Court in W.P(MD)No.18925 of 2025, dated 11.07.2025.

6. In fine, the writ petition stands allowed. The third respondent is directed to submit a fresh proposal with regard to the case of the petitioner for his monetary benefits on superannuation to the first respondent, within a period of two (2) weeks from the date of receipt of a copy of this order. The first respondent on receipt of the proposal sent by the third respondent shall consider the same and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

10.09.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR 4/6

To 1.The Secretary to Government, The State of Tamil Nadu, 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-613 006.

4.The Deputy Registrar (Dairying), Dairy Development Department, Old Collector's Office, Court Road, Thanjavur-613 007.

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K.KUMARESH BABU, J.

BTR Order made in 10.09.2025 6/6