1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD)No.595 of 2011 R.Lakshmanan : Appellant Vs. 1.The Commissioner of Dairy Development, TCMF Ltd., Aavin Illam, Madhavaram, Chennai. 2.The Managing Director, Trichirapalli District Co-operative Milk Producers Union Ltd., Milk Producers Union Ltd., Kottapattu, Trichy. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent against the order passed by this Court dated 06.08.2010 made in W.P.(MD)No.3265 of 2009. WP(MD)No.3265 of 2009 : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the original records relating the order passed in R.C.No.970/08/N2 dated 18.02.2009 on the file of the first respondent herein and quash the same and consequently to direct the first respondent to provide the salary, pension and all other benefits relating to Boiler Man Grade II to the petitioner. For Appellant : Mr.N.Balasubramanian For Respondent No.2 : Mr.K.Balasubramanian JUDGMENT [Judgment of the Court was delivered by P.P.S.JANARTHANA RAJA, J.] This Writ Appeal has been filed against the order of the learned Single Judge dated 06.08.2010 made in W.P.(MD)No.3265 of 2009. 2. The brief facts, which are necessary for the disposal of the Writ Appeal, are as under: (a) The appellant has joined as a Boiler Man III Grade in Trichirappalli District Co-operative Milk Producers Union Limited from 23.01.1985. Subsequently, the Tamil Nadu Government conducted a II class Boiler Attendance Certificate of Competency. The appellant also attended the Certificate of competency and he was selected as II https://hcservices.ecourts.gov.in/hcservices/ 2 Class Boiler Attendance Certificate of competency on 26.03.1993. Thereafter, the appellant approached the respondents for promotion to the post of Boiler Man Grade II. In spite of such request, the appellant was not considered to the post of Boiler Man Grade II. He has also made number of representations, but no order was passed on the same. After that, the appellant also retired from service. Subsequently, the first respondent passed the order impugned in the Writ Petition dated 18.02.2009, stating that since there is no vacancy to the post of Boiler Man Grade II, the appellant was not promoted to the said post. Challenging the said order of the first respondent, the appellant filed a Writ Petition before this Court. (b) The learned Single Judge, considering the facts and circumstance of the case, held that no such proof has been filed to substantiate the contention and also no order was passed on the representations submitted by the appellant and further, it is also noted by the learned Single Judge that in the retirement order of the appellant also, his designation has been mentioned as Boiler Man Grade III and hence, the learned Single Judge dismissed the Writ Petition filed by the appellant, by order dated 06.08.2010. Aggrieved over the same, the appellant has filed the present Writ Appeal. 3. The learned counsel appearing for the appellant vehemently contended that since the appellant has passed the examination of Boiler Man Grade II, he ought to have promoted to the said post automatically. Therefore, the order passed by the learned Single Judge is not in accordance with law and hence, the same is liable to be set aside. 4. The learned counsel appearing for the second respondent submitted that considering the facts and circumstances of the case and also considering the fact that since there is no vacancy available to the post of Boiler Man Grade II, the appellant was not considered for promotion to the said post and merely because he passed the examination of Boiler Man Grade II, it does not mean that he should have promoted to the post of Boiler Man Grade II automatically. Therefore, the order passed by the learned Single Judge is in accordance with law and the same has to be confirmed. 5. We have considered the submissions made by the learned counsel appearing on either side and perused the documents available on record. In the instant case, there is no material available on record to show that the appellant was executing the work of Boiler Man Grade II and also no promotion was given to the appellant promoting him from the post of Boiler Man Grade III to Boiler Man Grade II. The learned counsel appearing for the appellant is unable to point out any rules or regulations to substantiate his contention to the effect that once a person has passed the examination of Boiler Man Grade II, he ought to have considered for promotion to the said post automatically. Further, in this case, there is no vacancy available for the said post and now the appellant has retired from service and in the retirement order also, his designation has been https://hcservices.ecourts.gov.in/hcservices/ 3 mentioned as Boiler Man Grade III. These all indicate that absolutely there is no material to substantiate the case of the appellant. Under the circumstances, the learned Single Judge has correctly rejected the Writ Petition filed by the appellant. The findings given by the learned Single Judge are based on valid materials and evidence. It is a question of fact and it is in accordance with law. Hence, the Writ Appeal filed by the appellant is devoid of merits and the same stands dismissed accordingly. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Dairy Development, TCMF Ltd., Aavin Illam, Madhavaram, Chennai. 2.The Managing Director, Trichirapalli District Co-operative Milk Producers Union Ltd., Milk Producers Union Ltd., Kottapattu, Trichy. +1cc to Mr.Balasubramanian , Advocate Sr.No.22367 +1cc to Mr.K.Balasubramanian, Advocate Sr.No.22134 SML akm/21.07.11 /3p-5c/ Judgment made in W.A.(MD)No.595 of 2011 Dated:- 08.07.2011 https://hcservices.ecourts.gov.in/hcservices/