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Madras High CourtWP/738/2024disposed of with direction

C.Selvaraj v. The State Government

2025-12-11Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.756, 772 and 797 of 2024 1.C.Selvaraj 2.P.Manonmani ... Petitioners in W.P.738/2024 R.Saravanan ... Petitioner in W.P.754/2024 S.Bakthavatchalam ... Petitioner in W.P.775/2024 Vs.

1.The State Government Rep. by its Secretary Dept. of Co-operation, Food and Consumer Protection St.George Fort, Secretariat, Chennai - 600 009.

2.The Registrar of Co-operative Societies, EVR Maaligai, Kilpauk, Chennai - 600 010.

3.The Chairman, District Recruitment Bureau, Tirupattur District, O/o The Joint Registrar of Co-operative Societies, 4th Floor, 'A' Block, District Collectorate, Tirupattur.

... Respondents in all the W.Ps.

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4.The Administrator, C.2494 Ramanaickenpet Primary Agricultural Co-operative Credit Society Ltd., Ramanaickenpet, Natrampalli Taluk, Tirupattur District.

... Respondent in W.P.738/2024 4.The Administrator, C.2454 Vellakuttai Primary Agricultural Co-operative Credit Society Ltd., Thimmampet, Tirupattur District.

... Respondent in W.P.754/2024 4.The Administrator, C.2574 Thimmampet Primary Agricultural Co-operative Credit Society, Thimmampet, Tirupattur District.

... Respondent in W.P.775/2024 Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to notification no.01/2023 dated 10.11.2023 on the file of third respondent and quash the same in so far as it concern with petitioners and direct the respondents 2 to 4 to promote the petitioners to the vacant post of Assistant in the fourth respondent's society by following the Circular Na.Ka.No.119653/97 Tho.Ve..Va1 dated 06.12.1997 and Circular Na.Ka.No.52437/12 Tho.Ve.Sa.1 dated 03.08.2012 issued by the second respondent.

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For Petitioners : Ms.A.L.Ganthimathi Senior Counsel for M/s.L.Palanimuthu For Respondents : Mrs.Geetha Thamaraiselvan Special Government Pleader C O M M O N O R D E R The writ petitions have been filed seeking issuance of Writ of Certiorarified Mandamus to call for the records pertaining to notification no.01/2023 dated 10.11.2023 on the file of third respondent and quash the same in so far as it concern with petitioners and direct the respondents 2 to 4 to promote the petitioners to the vacant post of Assistant in the fourth respondent's society by following the Circular Na.Ka.No.119653/97 Tho.Ve..Va1 dated 06.12.1997 and Circular Na.Ka.No.52437/12 Tho.Ve.Sa.1 dated 03.08.2012 issued by the second respondent.

2.The learned Senior Counsel appearing for the petitioners submitted that the petitioners in W.P.738 of 2024 are working as Salesman at the Fair Price Shops run by the fourth respondent society and they were selected by the third respondent and allotted to the fourth respondent society for appointment as Salesman with effect 3/8

from 03.03.2014; the petitioner in W.P.754 of 2024 was appointed as Packer in the fourth respondent society and was promoted as Salesman on 10.02.2007; the petitioner in W.P.775 of 2024 was initially appointed on daily wage basis on 19.08.1993 and his service was subsequently regularised and is working as Salesman at the Fair Price Shops run by the fourth respondent society. 3.The learned Senior Counsel appearing for the petitioners further submitted that the petitioners are entitled to be promoted as Junior Assistant or Junior Clerk and the next level of promotion is Assistant, however, the third respondent issued the impugned notification for filling up the posts of Assistants.

The learned Senior Counsel further submitted that though the petitioners are not in the feeder category for promotion to the post of Assistant/ Clerk, if they are given promotion, they will reach the feeder category enabling them to get further promotion. Hence, this Court may issue direction to the respective fourth respondent to consider the petitioners claim for promotion to the post of Junior Assistant or Junior Clerk or Night Watchman.

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4.The learned Special Government Pleader appearing for the respondents submitted that the petitioners request for promotion to the post of Junior Assistant or Junior Clerk or any other post will be considered in the manner known to law and further submitted that this Court may permit the respondents to proceed with the recruitment process for the post of Assistant.

5.Heard the arguments advanced on either side and perused the materials available on record.

6.It is the contention of the learned Special Government Pleader appearing for the respondents that the petitioners request for promotion to the post of Junior Assistant or Junior Clerk or any other post will be considered in the manner known to law. 7.In view of the above, this Court directs the respondents to consider the claim of the petitioners with regard to the next level of promotion, within a period of six weeks from the date of receipt of a copy of this order. Liberty is granted to the respondents to proceed with the recruitment process for the post of Assistant, in the manner 5/8

known to law, strictly in terms of Rule 149 of the Tamil Nadu Cooperative Societies Rules, 1988.

8.The writ petitions are disposed of with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed.

11.12.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Secretary Dept. of Co-operation, Food and Consumer Protection St.George Fort, Secretariat, Chennai - 600 009.

2.The Registrar of Co-operative Societies, EVR Maaligai, Kilpauk, Chennai - 600 010.

3.The Chairman, District Recruitment Bureau, Tirupattur District, O/o The Joint Registrar of Co-operative Societies, 4th Floor, 'A' Block, District Collectorate, Tirupattur.

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4.The Administrator, C.2494 Ramanaickenpet Primary Agricultural Co-operative Credit Society Ltd., Ramanaickenpet, Natrampalli Taluk, Tirupattur District.

5.The Administrator, C.2454 Vellakuttai Primary Agricultural Co-operative Credit Society Ltd., Thimmampet, Tirupattur District.

6.The Administrator, C.2574 Thimmampet Primary Agricultural Co-operative Credit Society, Thimmampet, Tirupattur District.

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M.DHANDAPANI,J.

pri And W.M.P.Nos.756, 772 and 797 of 2024 11.12.2025 8/8