ORDER : The petitioners have filed the above Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned advertisement No.1 of 2012 dated 01.11.2012 on the file of the third respondent in respect of three posts of sales person to District Consumer Co-operative Wholesale Stores, Thoothukudi and to quash the same and consequently directing the fifth respondent to fill up the vacancies through promotion among the petitioners who are eligible to be promoted. 2. The learned counsel appearing for the petitioners submitted that the petitioners joined as packers in the year 1998 in Thoothukudi District Consumer Co-operative Wholesale stores through Employment Exchange. After that, all the petitioners have pursued their SSLC and they have been qualified to be appointed as salesperson. From the date of their appointments, the petitioners are working as packers and their representation to the Management to promote them to the higher post was not considered. On 01.11.2012, through the District Recruitment Bureau, the fourth respondent has issued an advertisement in No.1 of 2012 dated 01.11.2012 calling for the applications for the three vacancies of the salesperson in Co-operative Wholesale Stores, whereas the petitioners are working in the said stores as packers and their next aspiration and opportunity would be the post of salesperson by giving promotion. The petitioners sent a representation dated 06.12.2012 to the respondents, but the respondents informed that there will not be any promotion from their post and they will be remaining as packers till the end. For the last 14 years, the petitioners are discharging their duties as salesperson and they are the single employee in their respective shops, though they are designated as packers and paid the salary of the packers. 3. The learned counsel appearing for the petitioners further submitted that when there was no notification issued to constitute District Level Recruitment Bureau as per Section 74 of the Tamil Nadu Co-operative Societies Act, 1983, the advertisement issued for calling persons for filling three salesperson post has to be quashed. Further, as per Rule 149 of the Tamil Nadu Co-operative Societies Rules, 1988, the petitioners are entitled to get promotion after completion of three years of service. The petitioners' right of promotion is the statutory right and the same cannot be denied simply because that there is no Government Order came into effect till this date. Further, as per Rule 149 of the Tamil Nadu Co-operative Societies Rules, 1988, the petitioners are entitled to get promotion after completion of three years of service. The petitioners' right of promotion is the statutory right and the same cannot be denied simply because that there is no Government Order came into effect till this date. It is further stated that there should be an avenue for the promotion and the same is vital in the management of employment and there are only three vacancies in the said store, by the advertisement of the fourth respondent no vacancy shall be filled up through promotion, but through direct recruitment only. Every petitioners have been provided with a single ration shop, it means that they are serving as packers cum salesperson in the respective shops. 4. The petitioners' contention is that though the petitioners are discharging their duties as packers cum salesperson, they have not been considered by the authorities for the promotion. Circular No.23 of 2009has been issued by the Registrar of Co-operative Societies, in which, it is stated that in the event of filling-up of the posts os salesmen and packers in the existing vacancies, by utilising the surplus staff on re-deployment basis, the educational qualification prescribed for employees who were already appointed in such posts will not apply to the staff who will be appointed in future. 5. The learned counsel appearing for the petitioner further stated that the impugned advertisement No.1 of 2012 dated 01.11.2012seeking to fill up three posts of salesperson should be quashed as illegal and a further direction to be issued to the fifth respondent to fill up the vacancy among the petitioners as they are eligible to be promoted. 6.The respondents 2 to 4 has filed the counter-affidavit and stated that the District Recruitment Bureau, is a statutory body, which was set up as per Section 74 of the Tamil Nadu Co-operative Societies Act, 1983 and Rule 150 of the Tamil Nadu Co-operative Societies Rules,1988 to recruit employees to the Co-operative Societies. The selection of candidates for Co-operative Societies to various posts by properly following the procedures and allotted them to the required Societies are the duties of the Recruitment Bureau. As per the guidelines issued by the Recruitment Bureau, by way of publication and advertisements in dailies, recruited the candidates as per merit. The selection of candidates for Co-operative Societies to various posts by properly following the procedures and allotted them to the required Societies are the duties of the Recruitment Bureau. As per the guidelines issued by the Recruitment Bureau, by way of publication and advertisements in dailies, recruited the candidates as per merit. As per the Tamil Co-operative Societies Act and Rules, the District Recruitment Bureau has full rights to call for and recruit the salesman and packer to be employed under the Public Distribution System whenever necessity arises and advertisementNo.1 of 2012 dated 01.11.2012 was effected. 7. It is further stated that the petitioners are working as packers in the Thoothukudi District Consumers Co-operative Wholesale Stores Limited and the store was registered under the Tamil Nadu Co-operative Societies Act. The rights and power of promotion to their workers are vested with the Management of the stores only and it is governed by bye-laws and Special Bye-laws. The District Recruitment Bureau is no way in connection with the promotion of the petitioners. Further, as per the Tamil Nadu Co-operative Societies Act and Rules, the petitioners can redress their grievances before the Management and raise a dispute before the Deputy Registrar of Co-operative Societies under Section 90of the Tamil Nadu Co-operative Societies Act and they can also raise adispute before the Labour Officer of the concerned District and get any remedy, but they have not availed the opportunity and directly approached this Court and they have alternative and efficacious remedy for their redressal. 8. It is also stated that the petitioners are working as packers in the Fair Price Shops run by the fifth respondent Society under Public Distribution System. They were recruited through the District Recruitment Bureau and joined in service on various days in the year 1998. At the time of entering into the service, the petitioners were having SSLC failed qualification which was the Educational qualification fixed for the post of packers at the time of their appointment. In the meantime, the educational qualification for the post of Public Distribution System for salesman and packer were fixed as 'a pass in the Examination of Higher Secondary and X std pass respectively' as per the CircularNo.23/09, dated 06.07.2009. Hence, the petitioners are not educationally qualified for the post of salesmen and their promotion is based on their educational qualifications and prayed for dismissal of the Writ Petition. Hence, the petitioners are not educationally qualified for the post of salesmen and their promotion is based on their educational qualifications and prayed for dismissal of the Writ Petition. The petitioners have not approached the Management and the said post were filled-up by meritorious as per the Rules framed there under. The petitioners are not educationally qualified for promotion to the salesman post, as per Circular No.23 of 2009, dated 07.06.2009. 9. The fifth respondent has also filed the counter-affidavit and stated that admittedly, the petitioners were working as packers in the Thoothukudi District Consumers Co-operative Wholesale Stores Limited and the same was registered under the Tamil Nadu Co-operative Societies Act, 1983. Further, the stores also having a Bye-law and a Special Bye-Law relating to the service conditions of the employees, who are working in the stores. As per the Tamil Nadu Co-operative Societies Act and Rules, the District Recruitment Bureau has advertised in the newspaper. The petitioners were recruited through District Recruitment Bureau and at the time of their appointments, they have only SSLC failed qualification, which were the educational norms fixed for their post. Till date, they have not got any further higher educational qualification. In the meantime, the educational qualification for the posts of salesman and packer in Public Distribution System were fixed as a Pass in the examinations of Higher Secondary and X std respectively as per the Circular issued by the Registrar of Co-operative Societies vide CircularNo.23 of 2009, dated 06.07.2009. Hence, the petitioners were not qualified for the post of salesmen. 10. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record. 11. From the materials available on records, it is seen that as per Circular No.23 of 2009, dated 06.07.2009, in the event of filling-up of the posts of salesmen and packers in the existing vacancies, by utilizing the surplus staff on re-deployment basis, the educational qualification prescribed for employees who were already appointed in such posts will not apply to the staff who will be appointed in future. Since the petitioners were all working from 1998 onwards and the qualification fixed for packers were only attempt in SSLC and now modifying the qualification from a pass in examination of Higher Secondary and SSLC passed by Circular No.23 of 2009 dated 06.07.2009, which has been challenged herein has to be considered. From 1998, all these workmen are working as packers in the Co-operative Society and a bye-law of service condition of the employees cannot be modified as against the existing employees, who are having a long standing service. 12. The relevant portion of Rule 3 of the Tamil Nadu State and Subordinate Service Rules reads as follows: 3.Application of Rules.-............... (iii) Person who is already in service, while making such rule to the extent that such rule should not affect the interest of such existing incumbent of that post unless contrary intention is expressly provided in that rule.' 13. As per the said Rule of the Tamil Nadu State and Subordinate Service Rules being applicable to the State Government employees, the same principle also to be applied to the Co-operative Society and the concerned authority is directed to consider the petitioners for promotion as one time measurement, as they will be left out without any promotional aspects. The petitioners can be given necessary or some extra training if they do not have the knowledge in billing whiled is charging the duties as salesperson. The petitioners can be considered for the post of salesperson in the existing vacancies and if not in the future vacancies as per their seniority in their appointment. 14. With these observations, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.