Madras High Court

WP/27032/2026 of M.KALPANA Vs THE PRINCIPAL SECRETARY on 14 October 2026

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WP No. 27032 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 27032 of 2026

M.Kalpana

D/o. Mani,

..Petitioner(s)

Vs

1. The Principal Secretary

Ministry of Fisheries, Animal husbandry and Dairying, Room No. 429, 4th Floor, Secretariat, Chennai 09

2. The Commissioner,

Milk Production and Diary Development department, Madhavaram Milk colony, Madhavaram Chennai 51

3. The General Manager

Cuddalore district Co-operative

Milk Producers Union Ltd,

Virudhachalam Main Road, Sethiyathope (PO), Cuddalore 608 702

4. The General Manager

TND 495 Villupuram district Co-operative Milk producers union Limited, Kandamanadi Post, Vazhuthareddy, Villupuram- 605 401

..Respondent(s)

WP No. 27032 of 2026

This writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to consider and dispose of the petitioner’s representation dated 19.06.2026 on merits and in accordance with law within a stipulated time frame and further direct the respondents to maintain status quo regarding the petitioner’s posting and allow her to continue discharging her duties at the Cuddalore Union pending such consideration.

For Petitioner(s):

Mr. R.Karthikeyan

For Respondent(s):

Mr. K.Sathish,

Gov. Adv., for R1 & R@

Mr.S.Arunkumar,

standing counsel, for R3 & R4

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ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to consider the petitioner’s representation dated 19.06.2026 and pending such consideration, to maintain status quo with regard to petitioner’s posting and permit her to continue discharging her duties at the Cuddalore Union.

WP No. 27032 of 2026

2. The case of the petitioner is that she was appointed as Executive (office) on 29.11.2016 in the Villupuram District Co-operative Milk Producers’ Union and has rendered unblemished service. Following the bifurcation of the Union, she voluntarily opted to serve in the newly formed Cuddalore Union. Though she has been continuously working there on deputation, her request for permanent absorption has remained pending since 2022 despite repeated representations, recommendations from the General Managers, and the availability of vacancies. The respondents have kept her proposal in abeyance without any valid reason, while similarly placed employees have been granted permanent absorption and promotions, resulting in discrimination and arbitrariness. Being a widow and the sole breadwinner, she is facing severe hardship due to her deteriorating health and the difficulty of commuting long distances. Hence, she seeks a direction to the respondents to consider her representation dated 19.06.2026 and grant permanent absorption in the Cuddalore Union within a stipulated time.

3. Heard the learned counsel appearing on either side and perused the materials available on records.

WP No. 27032 of 2026

4. The learned counsel for the respondents would submit that the petitioner’s request for permanent transfer/absorption to the Cuddalore District Co-operative Milk Producers’ Union, based on the recommendations of the respondents 3 and 4, has already been forwarded to the first respondent and is presently under consideration.

5. It is seen that the petitioner was deputed to the Cuddalore Union by proceedings dated 05.07.2025 for a period of one year and the same was forwarded to the first respondent. It is submitted by the learned counsel for the petitioner that after filing of the present writ petition, the petitioner received, through whatsapp on the evening of 13.07.2026, a copy of the proceedings dated 01.07.2026 issued by the fourth respondent, relieving her from duty at the Cuddalore Union.

6. Considering the fact that the petitioner’s request is pending consideration before the first respondent, this Court is of the view that the relieving order dated 01.07.2026 shall not be given effect to until the first respondent takes a final decision on the recommendations made by the respondents 3 and 4.

WP No. 27032 of 2026

7. Accordingly, the first respondent is directed to consider the recommendations of the respondents 3 and 4 and pass appropriate orders on the petitioner’s request, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Till such decision is taken, the petitioner shall be permitted to continue in the Cuddalore Union.

8. This writ petition is disposed of with the above directions. No costs. 14-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MRP To

1. The Principal Secretary Ministry of Fisheries, Animal husbandry and Dairying, Room No. 429, 4th Floor, Secretariat, Chennai 09

WP No. 27032 of 2026

2. The Commissioner Milk Production and Diary Development department, Madhavaram Milk colony, Madhavaram Chennai 51

3. The General Manager cuddalore district Co-operative Milk producers union Limited, Virudhachalam Main Road, Sethiyathope (PO), Cuddalore 608 702

4. The General Manager TND 495 Villupuram district Co-operative Milk producers union Limited, Virudhachalam Main Road, Sethiyathope (PO), Cuddalore 608 702

WP No. 27032 of 2026 P.T.ASHA, J. MRP WP No. 27032 of 2026 14-07-2026

WP No. 27032 of 2026 W.P.No.27032 of 2026 P.T.ASHA, J., Today, the matter is listed under the caption for being mentioned at the instance of the counsel for the petitioner.

2. It is brought to the notice of the Court by the counsel for the petitioner that certain errors were noticed in paragraph Nos.5 and 6 of the order of this Court dated 14.07.2026 in W.P.No.27032 of 2026, with reference to the date of the proceedings issued by the fourth respondent, which has been wrongly typed as 01.07.2026 instead of 09.07.2026. Further, the petitioner relieved from Cuddalore Union on 13.07.2026. However, a typographical error occurred in the fourth line of paragraph No.5, wherein it has been wrongly typed as received instead of relieved. Hence, he seeks to rectify the same.

3. This Court had clarified the same and directs the Registry to effect necessary corrections as below in paragraph Nos.5 and 6, and issue a fresh order copy to the counsel for the petitioner, at free of costs.

“5. It is seen that the petitioner was deputed to the Cuddalore Union by proceedings dated 05.07.2025 for a period of one year and the same was forwarded to the first respondent. It is submitted by the learned counsel for the petitioner that after filing of the present writ petition, the petitioner relieved, through whatsapp on the evening of 13.07.2026, a copy of the proceedings dated 09.07.2026 issued by the fourth respondent, relieving her from duty at the Cuddalore Union.

WP No. 27032 of 2026 P.T.ASHA, J., rap

6. Considering the fact that the petitioner’s request is pending consideration before the first respondent, this Court is of the view that the relieving order dated 09.07.2026 shall not be given effect to until the first respondent takes a final decision on the recommendations made by the respondents 3 and 4. “

4. The remaining portion of the order dated 14.07.2026 in W.P.No.27032 of 2026 remains unaltered. 14.10.2026 rap

W.P.No.27032 of 2026

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