Madras High Court
Dr.R.Muthukumarasamy vs The Commissioner Of Sugar on 14 October, 2022
W.A.No.691 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.10.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY
W.A.No.691 of 2013
Dr.R.Muthukumarasamy .. Appellant
vs
1.The Commissioner of Sugar
690, Anna Salai,
Nandanam, Chennai – 600 035.
2.The Special Officer,
Tamil Nadu Co Operative Sugar Federation,
690, Anna Salai,
Nandanam, Chennai – 600 035.
3.Dr.R.Kandasamy .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 28.09.2011 made in W.P.No.21681 of 2009.
For Appellant : Mr.C.Vediappan
for M/s.C.S.Associates
For Respondents : Mr.M.Rajendran
Additional Government Pleader
for R1
No appearance for R2, R3
Page 1 of 5
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W.A.No.691 of 2013
JUDGMENT
(Delivered by PARESH UPADHYAY.,J)
1. Challenge in this appeal is made to the order dated
28.09.2011 recorded on W.P.No.21681 of 2009. This appeal is by the
writ petitioner.
2. The petitioner had approached this Court with the
following prayer:-
“Petition under Article 226 of the
Constitution of India praying for a Writ
of Certiorarified Mandamus calling for the
records pertaining to the order passed by
the 1st respondent in his proceedings Rc.
No. 9373/C3/99 dated 2.7.1999 insofar as
it downgrades the post of Principal
Scientist as Entomologist after the
retirement of the incumbent and the
consequential order passed by the 1st
respondent in his proceedings Rc. No.
16755/A&I/2006 dated 5.6.2009 and quash
the same and direct the respondents to
promote the petitioner as Principal
Scientist and confer all the consequential
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W.A.No.691 of 2013
benefits.”
3. Learned Single Judge in paragraphs : 3 and 4 found as
under:-
“3.It is seen that the 2nd respondent is a
registered Cooperative Society governed by
its own certified bye-laws and the bye-
laws were framed by the Board relating to
the service conditions of the employees.
Under the said bye-laws, the post of
Entomologist is a direct recruitment post
and it should be filled up through open
competition
4. Since the 2nd respondent has
informed that subsequent to the retirement
of A.R.Solaippan, the post of Principal
Scientist has been downgraded, in the
absence of the post being available under
the bye-laws of the society, the Writ
Petition challenging the order of the 1st
respondent Commissioner of Sugars setting
forth the present status of the post,
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W.A.No.691 of 2013
cannot be found fault with. Hence, the
Writ Petition stands dismissed. No costs.
The connected Miscellaneous Petition is
closed.”
4. We find that, the order as it stands also can not be said to
be erroneous and now there is an additional factor that the writ
petitioner has already retired in the year 2018. No useful purpose
would be served in keeping this appeal pending.
5. This appeal is dismissed. No costs.
(P.U., J) (D.B.C., J)
14.10.2022
Index:No
ssm/36
To
1.The Commissioner of Sugar
690, Anna Salai,
Nandanam, Chennai – 600 035.
2.The Special Officer,
Tamil Nadu Co Operative Sugar Federation,
690, Anna Salai,
Nandanam, Chennai – 600 035.
https://www.mhc.tn.gov.in/judis
W.A.No.691 of 2013
PARESH UPADHYAY, J.
and
D.BHARATHA CHAKRAVARTHY, J.
ssm
W.A.No.691 of 2013
14.10.2022
https://www.mhc.tn.gov.in/judis
