WP No. 48153 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-01-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 48153 of 2025 and WMP No. 53811 of 2025 P.Muthusamy Petitioner(s) Vs 1. The District Collector Office of The District Collector, Perambalur District 2.The Deputy Registrar Co-operative Milk Producers Federation, Perambalur Post and District 3.J.Ravichandran (3rd respondent was impleaded vide order dated 05.01.2026 made in WMP No.56686 of 2025 Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call the records of the 2nd respondent vide Na.Ka.No.344/ 2024/ E1 dated 9.10.2024 and quash the same and consequently direct the respondents to consider the representation dated 25.10.2024 thereby promoting him for the post of Secretary, Erayasamuthiram Co-operative Milk producers Federation. For Petitioner(s): M/s.A.Subadra For Respondents: Mr.T.M.Rajangam for R1 & R2 1 https://www.mhc.tn.gov.in/judis WP No. 48153 of 2025 ORDER This writ petition has been filed challenging the impugned order of the 2nd respondent dated 09.10.2024 and consequently seeking a direction the respondents to consider the representation dated 25.10.2024 thereby promoting him for the post of Secretary, Erayasamuthiram Co-operative Milk producers Federation. 2.The case of the petitioner is that he is working as a Milk Tester in the Erayasamuthiram Cooperative Milk Producers Federation from 01.04.2014 onwards and has more than 11 years of service in the Federation. He is well acquainted with all the works of the Cooperative Federation. It is further stated that the petitioner’s wife is also working as Tester in the Federation from the year 2020 onwards. The Secretary of the Federation one K.Selvaraju died while in service on 01.03.2024 leaving the post of Secretary vacant. Due to the death of the said Secretary, the said post has fallen vacant. Therefore, being a senior eligible candidate, the petitioner applied for promotion to the post of Secretary of Erayasamuthiram Cooperative Milk Producers Federation through a representation dated 07.10.2024. Along with the petitioner, a few other members also applied for the said post. However, by the impugned order dated 09.10.2024, the second respondent, temporarily promoted J.Ravichandran, Clerk of the Federation, to the post of Secretary, which was objected by the 2 https://www.mhc.tn.gov.in/judis WP No. 48153 of 2025 petitioner through his representations dated 21.10.2024 and 25.10.2024 on the ground that the said Ravichandran had joined in the said Federation as employee only in the year 2022 and became a permanent employee only in the year 2023. Challenging the same, the present writ petition has been filed. 3.The learned counsel for the petitioner would submit that admittedly, the petitioner is a senior most person available in the Federation. As per the Special Bylaw 7(b) Appointment by promotion, All promotion from one category of post to immediate next higher category of posts shall be made only from the respective feeder category of post and on the basis of seniority. But, no employee shall be considered for promotion to a higher category of post, unless he has put in satisfactory service of three years in the present category of post held by him. In the present case, the petitioner rendered 11 years of service in the category of tester and he is a senior most person. As per special bylaw 7(b), he is entitled for promotion, but granting promotion in favour of J.Ravichandan is not sustainable in law. Accordingly, he prayed for appropriate orders. 4.Per contra, the learned Government Advocate appearing for the respondents 1 & 2 relied on the order passed by the 2nd respondent dated 09.10.2024, which reads as follows: ”nkYk;/ nkw;Fwpg;gpl;l gzpahsh;fspy; Kjepiyg; gl;oaypy; 3 https://www.mhc.tn.gov.in/judis WP No. 48153 of 2025 cs;s jpU/Kj;Jrhkp 7k; tFg;g[ ,ilepWj;jk;/ jpU/tpntfhde;jd; 8k; tFg;g[ rhd;wpjH; ,y;iy vd;Wk;/ mjw;fhd rhd;wpjH;fs; tH';fg;gltpy;iy vd;gjhy; nkw;Twpa ,UtUnk Fiwe;jgl;r fy;tpj;jFjpahd 8k; tFg;g[ njh;r;rpbgwtpy;iy/ vdnt gzpahsh;; rpwg;g[ Jiztpjp mj;jpahak; 2 (7)-d;go r';fg; gzpahsh; jpU/J.utpr;re;jpud; 12k; tFg;g[ njh;r;rp bgw;W 2021-k; Mz;oypUe;J r';fj;jpy; gzpg[hpe;J tUtjhy;/ l;o/Mh;/o/1189 viwarKj;jpuk; ghy; cw;gj;jpahsh;fs; Tl;Lwt[ r';fj;jpd; brayhsh; (bghWg;g[) Mf 09.10.2024 Kw;gfy; jw;fhypfkhf gzpepakdk; bra;J Mizaplg;gLfpwJ/ ,th; tpiutpy; Tl;Lwt[ gllag;ggapw;rp (Diploma in Cooperative Training) gof;ft[k; mwptWj;jg;gLfpwJ. Hence, he prayed for dismissal of the writ petition. 5. Since no adverse order has been passed against the 3rd respondent, notice to the 3rd respondent is dispensed with. 6.Heard the learned counsel on either side and perused the materials available on record. 7.The facts of the present case are not in dispute. It is an admitted fact that the petitioner and his wife are employed as Testers in Erayasamuthiram Cooperative Milk Producers Federation. The petitioner was appointed in the year 2014, and his wife was appointed in the year 2020. The post of Secretary 4 https://www.mhc.tn.gov.in/judis WP No. 48153 of 2025 fell vacant due to the death of one K.Selvaraju on 01.03.2024. Thereafter, three persons, including the petitioner submitted their applications The educational qualification of the petitioner is that he discontinued his studies after the 7th standard. One Vivekanandhan has passed 8th standard and has been working as Assistant from 01.04.2014 along with the petitioner. The promotion was granted in favour of the newly impleaded 3rd respondent, namely, J.Ravichandran who has passed the 12th standard and has been working as a Clerk from 2021 onwards. As per the qualification prescribed for the post of Secretary, a candidate must have passed the PUC or Higher Secondary Course or its equivalent with declaration of Eligibility for a College Course, and must also possess a Diploma in Cooperative Training. In the present case, the petitioner and another candidate, Vivekanandhan possess only educational qualification of only 7th and 8th Standard respectively, whereas the newly impleaded 3rd respondent possesses educational qualification of 12th standard. Since the petitioner does not possess the prescribed educational qualification, the temporary promotion granted in favour of the newly impleaded 3rd respondent is subject to his acquiring the Diploma in Cooperative Training. For the aforesaid reasons, the prayer sought for by the petitioner cannot be granted and hence, this Court finds no merit in the writ petition. 5 https://www.mhc.tn.gov.in/judis WP No. 48153 of 2025 8. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 05-01-2026 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No uma To 1.The District Collector Office Of The District Collector, Perambalur District 2.The Deputy Registrar Co-operative Milk Producers Federation, Perambalur Post and District 6 https://www.mhc.tn.gov.in/judis WP No. 48153 of 2025 M.DHANDAPANI J. uma WP No. 48153 of 2025 and WMP No. 53811 of 2025 (2/2) 05-01-2026 7 https://www.mhc.tn.gov.in/judis