D PRABHU Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The appellant challenged the constitution of common cadre as per the order in G.O.Ms.No.68 dated 1 March 2011 primarily on the ground that it was issued without following the mandatory requirements prescribed under Section 75 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as "the Act"). The learned single Judge without addressing the legal issues raised by the appellant dismissed the writ petition along with many other writ petitions by referring only to the policy underlying such creation of common cadre. Feeling aggrieved, the unsuccessful writ petitioner has come up with this intra court appeal.

(2.) The appellant was appointed as a Cane Officer in Chengalrayan Co-operative Sugar Mills Limited, Periasevalai, Villupuram District on 2 July 1988. The Government constituted a common cadre for the sugar mills as per order in G.O.Ms.No.866 Industries Department, dated 25 July 1984. The Commissioner of Sugar on the strength of the order in G.O.Ms.No.866 transferred the appellant to Ambur Sugar Mills by order dated 14 October 1994. The order was unsuccessfully challenged by the appellant in W.P.No.21290 of 1994. The related appeal was allowed by the Division Bench by judgment dated 4 September 1997 in W.A.No.722 of 1997. The Special Leave Petition was dismissed by the Supreme Court by order dated 6 February 1998 in SLP (Civil) 1447 of 1998.

(3.) The common cadre system was abolished by the Government as per Order in G.O.Ms.No.834 dated 8 December 1997. The employees were sent back to the respective mills by restoring their original cadre.