R.Devendhiran v. The Registrar Of Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.800 of 2021 (Heard through VC) R.Devendhiran .. Petitioner -vs1.The Registrar of Cooperative Societies, NVN Maligai, 170, EVR Periyar Road, Kilpauk, Chennai - 600 010.
2.The Joint Registrar (Law and Training), Thanjavur Cooperative Societies, Joint Registrar Office, Thanjavur.
3.The Thanjavur Primary Cooperative Agricultural Rural Development Bank, Thanjavur.
.. Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the first respondent to pass orders on the representation dated 09.03.2020 seeking regularisation of his services as Assistant with consequential benefits arising thereto on the basis of his initial appointment being made and done through the 3rd respondent on merits and as per law and within the time.
For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking a direction to the first respondent to pass orders on the representation dated 09.03.2020 seeking regularisation of his service as Assistant with consequential benefits arising thereto on the basis of his initial appointment being made and done through the 3rd respondent on merits and as per law and within the time.
2. Mr.L.P.Shanmugasundaram, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that he was selected by the State Recruitment Bureau and appointed as Assistant in the third respondent-Bank vide proceedings dated 30.03.2015. Due to financial crisis in the Bank, he was transferred on temporary basis for a period of 1 year to an adjacent Co-operative Society, wherein he was allowed to join duty on transfer of service w.e.f. 03.03.2018 and has been continuously rendering service for the past five years and above. Even though the petitioner has been continuously discharging duties more than five years, his probation has not been declared yet as per the conditions of Service Rules. In this regard, the petitioner has made a representation dated 09.03.2020 to the respondents seeking regularisation of his service as Assistant with consequential benefits arising thereto on the basis of his initial appointment. The said representation is yet to be considered. Hence, this writ petition.
4. Considering the facts and circumstances of the case, as the petitioner's representation is already pending with the authority concerned, this Court directs the respondents herein to consider the representation of the petitioner dated 09.03.2020, if not already disposed of, and pass appropriate orders thereon, in accordance with law, after affording an opportunity of hearing to the petitioner as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.
This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsi To 1.The Registrar of Cooperative Societies, NVN Maligai, 170, EVR Periyar Road, Kilpauk, Chennai ? 600 010.
2.The Joint Registrar (Law and Training), Thanjavur Cooperative Societies, Joint Registrar Office, Thanjavur.
3.The Thanjavur Primary Cooperative Agricultural Rural Development Bank, Thanjavur.
+1cc to Mr.L.Chandrakumar, Advocate, S.R.No. 1864 W.P.No.800 of 2021 KK(CO) GN(19/03/2021)