V SURESH KUMAR Vs. COMMISSIONER OF SUGAR

JUDGEMENT

(1.) The petitioner has approached this Court, seeking the following relief:

(2.) The petitioner belongs to Adi Dravidar Community which is a scheduled caste community. He has completed his higher secondary course in 1996. His father was originally provided employment in second respondent mill on the basis that a small piece of land owned by him was acquired for establishing the mill. While working, he died in harness in July, 1998 and upon his demise, the petitioner joined the second respondent mill originally as Mazdoor. After obtaining due permission from the second respondent mill, the petitioner joined Diploma course in Mechanical Engineering and successfully completed the said course in 2007. On acquiring the Diploma in Mech.Engineering, the petitioner was posted as Part-time Junior Engineer in-charge in July, 2007 and ever since his posting as Junior Engineer, the petitioner is discharging the duties to the satisfaction of everyone concerned.

(3.) In Aug., 2007, the petitioner joined B.Tech.Mechanical Engineering part time course in SRM University, Kattankulathur and completed the degree successfully in 2011. The second respondent mill is a co-operative organization registered under the Tamil Nadu Co-operative Societies Act. Therefore, it is under the administrative control of the State of Tamil Nadu and as such, it is bound to follow rule of reservation as enshrined in the Constitution of India and also various rules and instructions issued from time to time by the Government of Tamil Nadu. According to the petitioner, the second respondent mill has not been following the rule of reservation as mandated by the Constitution and other rules and regulations regarding promotional appointment of various employees in the second respondent mill. According to the petitioner, of all the existing posts of Junior Engineer (Mechanical), one post was reserved for SC and ST candidates and right from the inception of the mill in 1989, the second respondent has never filled up the post of Junior Engineer (Mechanical) (SC) and the result of which, the said post remained vacant throughout. The petitioner would submit that he is fully eligible to be considered for appointment as Junior Engineer (Mechanical) by virtue of his acquiring educational qualifications during his tenure as Mazdoor in 2007 and 2011. In the said circumstances, the petitioner submitted a representation on 6.9.2010 and 29.9.2010 to both the respondents requesting them to appoint him as Junior Engineer (Mechanical) which was lying vacant all along in view of his educational qualification and experience. As per the provisions of the special by laws relating to the service conditions of the persons employed by the second respondent society, the qualification required for appointment to the post of Junior Engineer (Mechanical) was Diploma in Mechanical with one year as apprentice in Engineering Department of a sugar factory. As far as the petitioner was concerned, admittedly, he acquired Diploma in Engineering in April 2007 itself and had put in more than four years of service as Junior Engineer In-charge in the second respondent mill and as such, he was fully qualified for regular appointment in the same post.