A.KANAGARAJ Vs. SECRETARY

JUDGEMENT

(1.) The petitioners have filed the above Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned advertisement No.1 of 2012 dated 01.11.2012 on the file of the third respondent in respect of three posts of sales person to District Consumer Co-operative Wholesale Stores, Thoothukudi and to quash the same and consequently directing the fifth respondent to fill up the vacancies through promotion among the petitioners who are eligible to be promoted.

(2.) The learned counsel appearing for the petitioners submitted that the petitioners joined as packers in the year 1998 in Thoothukudi District Consumer Co-operative Wholesale stores through Employment Exchange. After that, all the petitioners have pursued their SSLC and they have been qualified to be appointed as salesperson. From the date of their appointments, the petitioners are working as packers and their representation to the Management to promote them to the higher post was not considered. On 01.11.2012, through the District Recruitment Bureau, the fourth respondent has issued an advertisement in No.1 of 2012 dated 01.11.2012 calling for the applications for the three vacancies of the salesperson in Co-operative Wholesale Stores, whereas the petitioners are working in the said stores as packers and their next aspiration and opportunity would be the post of salesperson by giving promotion. The petitioners sent a representation dated 06.12.2012 to the respondents, but the respondents informed that there will not be any promotion from their post and they will be remaining as packers till the end. For the last 14 years, the petitioners are discharging their duties as salesperson and they are the single employee in their respective shops, though they are designated as packers and paid the salary of the packers.

(3.) The learned counsel appearing for the petitioners further submitted that when there was no notification issued to constitute District Level Recruitment Bureau as per Section 74 of the Tamil Nadu Co-operative Societies Act, 1983, the advertisement issued for calling persons for filling three salesperson post has to be quashed. Further, as per Rule 149 of the Tamil Nadu Co-operative Societies Rules, 1988, the petitioners are entitled to get promotion after completion of three years of service. The petitioners' right of promotion is the statutory right and the same cannot be denied simply because that there is no Government Order came into effect till this date. It is further stated that there should be an avenue for the promotion and the same is vital in the management of employment and there are only three vacancies in the said store, by the advertisement of the fourth respondent no vacancy shall be filled up through promotion, but through direct recruitment only. Every petitioners have been provided with a single ration shop, it means that they are serving as packers cum salesperson in the respective shops.