B. SELVAN Vs. THE MANAGING DIRECTOR AND ORS.

JUDGEMENT

(1.) MR . R. Anandaraj, learned Government Advocate takes notice for the respondents 1 and 2 and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission.

(2.) HEARD the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2.

(3.) THE case of the petitioner is that he has been appointed as Assistant Manager (Traffic) in Tamil Nadu Co -operative Milk Producers Federation Ltd. (Aavin) during November, 1987 and subsequently promoted as Deputy Manager (Traffic) during the year 1997 (now redesignated as Assistant General Manager) and thereafter he was promoted as Deputy General manager (Transport) during the year 2008 and the said post is merged with the post of Deputy General Manager (Engineering) with effect from 09.03.2012 and he is the senior most in the said cadre. His next avenue of promotion is General Manager (Engineering) and he has already become fully qualified for empanelment as on 01.01.2014 and he is the only eligible person. At that point of time, the first respondent issued a charge memo dated 31.10.2014 to the petitioner under Rule (ii) read as Rule No. 10 of T.C.M.P.F. Employees (Conduct, Discipline and Appeal) Rules of Special By Law of Tamil Nadu Co -operative Milk Producers Federation Limited, making as an impediment for his promotion. The allegation levelled therein are unsustainable and hence the charges ought to have been framed only under Rule 7(i) of the C.D.A. Rules, which is not a bar for empanelment for promotion. He submitted representations dated 03.03.2014, 21.11.2014 and 23.01.2015 in this regard, which did not evoke any response.