Madras High Court
The General Manager vs K.Veeranan on 7 November, 2024
Author: M.S.Ramesh
Bench: M.S.Ramesh
WA(MD)No.1644 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.11.2024
CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
WA(MD)No.1644 of 2024
and
CMP(MD)No.12886 of 2024
The General Manager,
Madurai District Co-operative
Milk Producers Union Ltd (AAVIN)
Sathamangalam,
Madurai-625010. ... Appellant
vs.
1. K.Veeranan
2. The Secretary to Government,
Animal Husbandry and Fisheries Department,
Fort St.George, Chennai 600 009.
3. The Managing Director,
Tamil Nadu Cooperative Milk Producers
Federation Ltd., Madhavaram (AAVIN)
Chennai 600 051.
Now having office at Chamiers Road,
Nandanam, Chennai 600 035. ... Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent, against the
order dated 18.08.2023 made in W.P(MD)No.25442 of 2019.
For Appellant : Mr.J.Devasenan
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Page No.1 of 4
WA(MD)No.1644 of 2024
For R1 : Mr.P.Mahendran
For R2 : Mr.S.R.A.Ramachandran
Additional Government Pleader
JUDGMENT
(Judgment of the Court was made by M.S.RAMESH, J.)
Claiming that the 1st respondent herein / writ petitioner was
originally appointed as a Casual Labour in December, 1967 in the Madurai
Milk Project Unit and thereafter appointed as Mazdoor in the Tamil Nadu Dairy
Development Corporation Limited, on 03.07.1974 till 26.05.1982, he had
claimed for counting 50% of his past service for the period between 03.07.1974
and 26.05.1982, in accordance with the decision of the Hon'ble Full Bench of
this Court, in the case of Government of Tamil Nadu vs. R.Kaliyamoorthy
reported in 2019 (6) CTC 705 and G.O.Ms.No.408, Finance (Pension)
Department, dated 25.08.2009. A learned Single Judge of this Court, by order
dated 18.08.2023, had allowed the writ petition in W.P(MD)No.25442 of 2019,
by placing reliance on a decision made to a similarly placed employee in the
orders passed in W.P(MD)No.26682 of 2019 dated 09.12.2022. The said order
of the learned Single Judge is assailed in this intra-court appeal.
2. The learned counsel appearing for the appellant submitted that the
appellant's past service at the Tamil Nadu Dairy Development Corporation
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Limited, cannot be taken into account, since it is a Corporation which will not
be covered under G.O.Ms.No.408, Finance (Pension) Department, dated
25.08.2009. However, he would admit that such a ground was not raised either
in the counter affidavit filed in the writ petition or at the time of final hearing of
the writ petition before the learned Single Judge. While that being so, it is now
not open to raise such a fresh ground in this writ appeal, which proposition of
law has been well settled.
3. Apart from the ground that the service of the 1st respondent in the
Tamil Nadu Dairy Development Corporation Limited, cannot be taken into
account for counting 50% of his service, no other ground has been raised by the
appellant. As such, we do not find any reason to interfere with the well
considered order of the learned Single Judge.
4. Accordingly, the Writ Appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(M.S.R, J.) (A.D.M.C, J.)
Index : Yes / No 07.11.2024
Neutral Citation : Yes / No
bala
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M.S.RAMESH, J.
and
A.D.MARIA CLETE, J.
bala
To
The Secretary to Government,
Animal Husbandry and Fisheries Department,
Fort St.George, Chennai 600 009.
JUDGMENT MADE IN
DATED : 07.11.2024
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