T. SOMASUNDARAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The present writ petition has been filed challenging the impugned order t dtd. 5/11/2019 and consequential orders (i) dtd. 6/1/2020 made in G.O.(D)No.8 Animal Husbandry, Dairying and Fisheries Department and (ii) dtd. 4/8/2020 made in G.O.(D)No.198, Animal Husbandry, Dairying and Fisheries Department passed by the 1st respondent and quash the same and consequently direct the 1st and 3rd respondents to create one post of Additional Milk Commissioner with the post of Deputy Milk Commissioner ( Co-operation) as only a feeder category to the aforesaid newly created Additional Milk Commissioner.

(2.) The case of the petitioners is that they are working in the Office of the Deputy Registrar(Dairying), Thiruvallur and more than 800 staff including officers are working in the Dairy Development Department. The third respondent herein is officiating as functional Registrar for Diary Co-operatives in addition to the head of Department and who is also vested with all the powers of Tamil Nadu Co-operative Societies Act, 1983 and Rules 1988 as far as Dairy Co-operative Societies are concerned. On 20/4/1993, personnel of the Dairy Development Department (DDD) are being promoted in hierarchy basis and various vacant posts of the Department including Deputy Milk Commissioner(Co-operation) are being filled by promoting internal candidates of the Department. Either the posts of Deputy Registrar ( Dairying) and Deputy Milk Commissioner (Co-operation) were filled by transfer of service from the Co-operative & F Department dated 20.041993, the posting of officers by transferring from the Co-operative Department to this Department were completely stopped and the aforesaid Department is being run by its own cadre officers at all level from Junior Inspector to Deputy Milk Commissioner (Co-operation). The Commissioner for Milk Production and Dairy Development /3rd respondent is the I.A.S. Cadre.

(3.) It is the further case of the petitioner that in the impugned order dtd. 5/11/2019, it was not mentioned in the post of Deputy Milk Commissioner (Co-operation) as a feeder category to the newly created post of Additional Milk Commissioner and to redeploy the existing Deputy Milk Commissioner (Co-operation post to the proposed Regional Deputy Milk Commissioner. Aggrieved by the said impugned order, the petitioner has come forward with the present writ petition.