M.Senthilkumar v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30.01.2025 Coram:
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.2764 of M.Senthilkumar
...Petitioner
Vs.
1. The Government of Taminadu rep. By its Secretary, Co-operative Societies Department, Fort St. George, Chennai- 600 009
2. The Registrar of Co-operative Societies, No.170, EVR Periyar Salai, Kilpakkam,Chennai - 600 010
3. The Joint Registrar of Co-operative Society, Erode Region, Mohan Kumaramangalam Road, Soormpatti, Erode - 638 009
4. The Deputy Registrar of Co-operative Societies, Erode Circle, Erode - 638 002
5. The Secretary Thindalmalai Primary Agricultural Co-operative Credit Society, Thindalmalai, Erode District
6. Mrs.Sri Raja Rajeswari Thindalmalai Primary Agricultural Co-operative Credit Society, Thindalmalai, Erode District Page 1 / 7
7. Mr.Prakash Peon AA-186, Thindalmalai Primary Agricultural Co-operative Credit Society, Thindalmalal, Erode District
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 12.12.2024 and pass further orders. For Petitioner : Mr.Senthil Kumar [party-in-person] For Respondents : Mr.A.Anandan for R1 to R4 Government Advocate Mr.M.S.Palanisamy for R5
O R D E R
The present Writ Petition has been filed for an issuance of a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 12.12.2024 and pass further orders.
2. The brief facts of the case, as averred by the petitioner are as follows:- (i) The petitioner was appointed as the packer on 01.06.1996 in the fair price shop that is being run by the 5th respondent-Society now, working as Salesman at Thindalmalai Primary Agricultural Co-operative Credit Society as AP-158, Saanarpalayam. The respondents 6 and 7 were originally joined as Office Assistant and the packer in the year 2003, however, in the service record Page 2 / 7
of the respondents 6 and 7 corrections were made, as if they were appointed as office assistant and packer in the year 2000 itself and were given promotion. Therefore, the petitioner's opportunity of getting promotion is seriously affected. The petitioner submitted a detailed representation dated 26.02.2020 to the 4th respondent to take necessary action against the respondents 6 and 7 but no action has been taken and the respondents 6 and 7 are allowed to continue in their services till date.
(ii) Further a representation dated 13.03.2023 was sent by the petitioner to the 3rd respondent indicating all the facts, consequently, irregular employees were relieved from the services in terms of the order passed by the Hon'ble Apex Court. Inspite of relieving from the service, they were given promotion with the help of one K.Shanmugasundaram, who is the accountant working in the 5th respondent society. Thereafter, the petitioner sent RTI dated 03.04.2024 to the official respondents, to which it is informed that the Registrar of Co-operatives / Field Officer was appointed to enquire the complaint, subsequently, enquiry was conducted, but order has been passed. Therefore, the petitioner sent another representation dated 12.12.2024 and requested to take action, since the same has not been done, the petitioner has come up with the present petition. Page 3 / 7
3. The learned counsel appearing on the side of the respondents seeks time to pass orders on the representation of the petitioner.
4. On going through the documents placed on record it is seen that there are certain allegations levelled against the respondents 6 and 7 and it is for the appropriate authorities to take action on the said complaints and proceed in accordance with law. That apart, it is also seen that the Joint Registrar, Cooperative Society by way of proceedings in Na.Ka.No.1500/2023/Thovesa dated 21.01.2025 intimated to the 5th respondent / Secretary, Thindalmalai Primary Agricultural Co-operative Credit Society to take appropriate action on the complaints and necessary documents have also been sent to the authorities.
5. At this Juncture, it is to be seen that the 5th respondent by letter dated 21.01.2025 informed that the petitioner was on leave for several days, thereby intimated the petitioner to join duty and on failure to do so, appropriate action would be taken against the petitioner.
6. Considering the above said facts and circumstances of the case, the petitioner is directed to join duty on 03.02.2025 [Monday] morning at 9.00 a.m., and the petitioner has also undertook to do so and he has also made an endorsement to that effect in the bundle and with regard to the representation of Page 4 / 7
the petitioner and the complaints given against the respondents 6 and 7, it is for the concerned official respondents to take action and pass appropriate orders after affording reasonable opportunity to all the parties within a period of sixteen weeks from the date of receipt of a copy of this order, also, the authorities are directed to consider the case of the petitioner in the light of the G.O.No.86 dated 12.03.2001.
In view of the above, the Writ petition is disposed of. No costs. 30.01.2025 Index : Yes / No;
Internet : Yes / No Speaking Order / Non Speaking Order ssd To
1. The Government of Taminadu rep. By its Secretary, Co-operative Societies Department, Fort St. George, Chennai- 600 009
2. The Registrar of Co-operative Societies, No.170, EVR Periyar Salai, Kilpakkam,Chennai - 600 010 Page 5 / 7
3. The Joint Registrar of Co-operative Society, Erode Region, Mohan Kumaramangalam Road, Soormpatti, Erode - 638 009
4. The Deputy Registrar of Co-operative Societies, Erode Circle, Erode - 638 002
5. The Secretary Thindalmalai Primary Agricultural Co-operative Credit Society, Thindalmalai, Erode District
6. Mrs.Sri Raja Rajeswari Thindalmalai Primary Agricultural Co-operative Credit Society, Thindalmalai, Erode District
7. Mr.Prakash Peon AA-186, Thindalmalai Primary Agricultural Co-operative Credit Society, Thindalmalal, Erode District Page 6 / 7
V.BHAVANI SUBBAROYAN , J.
ssd W.P.No.2764 of 30.01.2025 Page 7 / 7