T.Santhappan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.1770 of 2024 T.Santhappan .....
Petitioner Vs
1. The Chairman, District Recruitment Bureau/ Joint Registrar of Cooperative Societies Cuddalore Region, No.3, Beach Road, Cuddalore-1.
Cuddalore District.
2. The Deputy Registrar of Cooperative Societies, Virudhachalam Circle, Virudhachalam - 606 001, Cuddalore District.
3. The Administrator, I.I.546, Vadakarai Primary Agricultural Cooperative Credit Society, Main Road, Konur Post - 606 105, Vadakarai Village, Tittagudi Taluk, Cuddalore District.
....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from filling up the Clerk post in the third respondent society.
For Petitioner : M/s.R.Hemalatha For R1 & R2 : Mr.S.Arumugham Government Advocate For R3 : Mr.P.Harish Government Advocate (CS)
ORDER
This Writ Petition has been filed forbearing the respondents from filling up the Clerk post in the third respondent Society.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was working as Attender in the third respondent Society from the date of his appointment, i.e., on 05.12.1994. Therefore, the petitioner is eligible for the post of clerk, since he has the required qualification to the said post. Though the third respondent had sent a proposal to the first respondent for the promotion post of Clerk in the vacancy, it was not considered.
4. The learned Government Advocate appearing for the respondents submitted that now the petitioner is facing surcharge proceedings initiated under Section 87 of Tamil Nadu Co-operative Societies Act. Already
enquiry has been conducted under Section 81 of the Tamil Nadu Co-operative Societies Act and held that the petitioner had misappropriated to the tune of Rs.21 Lakhs along with other delinquents. Therefore, now he is facing surcharge proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act. Hence, the petitioner is not entitled for the promotion to the post of Clerk. That apart, already the post of Clerk had been filled up and they are going to join in the post of Clerk. Therefore, the writ petition is devoid of merits and it is liable to be dismissed.
5.
Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 29.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp G.K.ILANTHIRAIYAN. J,
Lpp To
1. The Chairman, District Recruitment Bureau/ Joint Registrar of Cooperative Societies Cuddalore Region, No.3, Beach Road, Cuddalore-1.
Cuddalore District.
2. The Deputy Registrar of Cooperative Societies, Virudhachalam Circle, Virudhachalam - 606 001, Cuddalore District.
3. The Administrator, I.I.546, Vadakarai Primary Agricultural Cooperative Credit Society, Main Road, Konur Post - 606 105, Vadakarai Village, Tittagudi Taluk, Cuddalore District.
29.01.2024