D.Eswaran, Secretary In v. The Joint Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2020
CORAM:
THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.NO.17380 OF 2012 AND M.P.NO.2 OF 2012 AND WMP NOS.22336 TO 22341 OF 2018 D.Eswaran ... Petitioner Vs.
1.The Joint Registrar of Co-operative Societies Coimbatore Division Coimbatore.
2.The Deputy Registrar of Co-operative Societies No.11-A, Market Road, Pollachi.
3.The Special Officer K.141, Malaiyandipattinam Primary Agricultural Co-operative Credit Society Malaiyandipattinam Post, Pollachi.
4.S.Manonmani 5.The President K.141, Malaiyandipattinam Primary Agricultural Co-operative Credit Society Malaiyandipattinam Post, Pollachi.
6.The Joint Registrar Co-operative Societies Coimbatore Region Coimbatore - 2.
7.M.S.Thirumalaisamy President K.141, Malaiyandipattinam Primary Agricultural Co-operative Credit Society Malaiyandipattinam Post, Pollachi.
(R5 to R7 are impleaded as per order dated 05.10.2016 in WMP Nos.26969 to 26971 of 2016 in W.P.No.17380 of 2012) ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records relating to the order of the first respondent made in Revision Petition No.9704/11/Ve2 dated 16.02.2012 confirming the order of the third respondent dated 07.10.2011 and the proceedings of the second respondent in Na.Ka.No.685/2009 VeSeS1 dated 17.09.2011 and quash the same. For Petitioner :
Mr.K.S.Govindaprasad For Respondents:
Mr.L.P.Shanmugasundaram 1, 2 and 6 Special Government Pleader For Respondents 3 and 5 :
Mr.M.S.Palanisamy For Respondent4:
Dr.C.Ravichandran
O R D E R
The petitioner was appointed as Salesman in the Fair Price Shop under the control of Pollachi Cooperative Marketing Society, on 22.04.1991 through Employment Exchange and by regular selection method. Thereafter, he was promoted to the post of Senior Clerk in-charge on 03.03.2006. When proceedings were sent by the Board of Society to the Deputy Registrar, it was replied that the promotion of the staff of the Society is an internal matter and the same can be decided by the Society itself. Thereafter, by way of a resolution passed by the Board, the petitioner was promoted to the post of Senior Clerk with effect from 17.04.2007. The fourth respondent was appointed as an Assistant on daily wages basis with effect from 09.06.1997.
Pursuant to the orders passed by this Court, all irregular appointments on daily wage basis were regularised by the Joint Registrar of Cooperative Societies by an order dated 05.01.2007. The fourth respondent got regularised with effect from 12.03.2001 in the post of Assistant. Thereafter, it appears that the fourth respondent made a representation on 12.08.2011 to the second respondent herein against the promotion of the petitioner claiming that she should be treated as Senior. The second respondent, by order dated 17.09.2011, set aside the promotion granted to the petitioner by the elected Board of the Society. Against which, the petitioner preferred a revision under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983 (Shortly "the Act") before the first respondent Joint Registrar of Societies. By an order dated 16.02.
2012, the first respondent rejected the revision preferred by the petitioner. Aggrieved over the same, the petitioner is before this Court.
2. At the time of admission, this Court has granted an order of status quo and with the strength of the same, the
petitioner is continuing in the post of Assistant and now he is working as a Secretary in-charge of Coimbatore District Lawyers Co-operative Society, District Court Complex, Coimbatore.
3. As to who is senior in the post of Assistant among the writ petitioner and the fourth respondent and whether that order of the first respondent is correct and justified has to be decided in this writ petition.
4. The learned counsel for the third respondent would submit that the fourth respondent was regularised in service with effect from 12.03.2001 as Assistant and that the order passed by the second respondent dated 17.09.2011 is without jurisdiction. The first respondent, without conducting any enquiry as to the validity of the order passed by the second respondent / Deputy Registrar and without applying his mind as to who is the senior in the post of Assistant, has passed a cryptic order rejecting the revision preferred by the petitioner.
5. The learned counsel for the petitioner as well as the learned counsel for the fourth respondent would concur with the submission of the third respondent that the order passed by the first respondent is a non-speaking order and without following the procedure laid down under Section 153 of the Act.
6. It is well settled principle that the Revisional Authority shall apply his mind as to legality, jurisdiction and correctness of the order placed before him for revision. In order to arrive at a correct conclusion, he shall take into consideration the relevant records, oral and documentary evidence and statutory provisions. The order shall be supported by reasons. In the instant case, the first respondent has incorporated the grounds of revision, reply and the written arguments and mechanically confirmed the order passed by the Deputy Registrar.
In that process, he has not applied his mind as to whether the Deputy Registrar has jurisdiction to decide the issue, when he himself at an earlier circumstance, with regard to promotion of the very same petitioner, communicated the Society that it is an internal matter and promotion can be made by the very same Society. Without testing the validity of the promotion given by the Society and without testing the jurisdiction and correctness of the order of the Deputy Registrar and without giving a clear cut finding, the first respondent, as stated above, has mechanically passed the impugned order, which is not sustainable in the eyes of law.
7. In view of the above observation, I have no hesitation to set aside the impugned order passed by the first respondent. Accordingly, the impugned order dated 16.02.2012 passed in Revision Petition No.9704/11/Ve2 by the first respondent is set aside and the matter is remitted back for fresh consideration in conformity with Section 153 of the Act, to the Joint Registrar of Cooperative Societies, Thiruppur Region, Thiruppur. It is made clear that the Authority shall frame points for consideration after giving opportunity of personal hearing to all the parties and pass order answering all the points with reasons, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Liberty is given to the parties to raise all their submissions before the Authority by raising additional grounds.
8. The Writ Petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar To 1.The Joint Registrar of Co-operative Societies Coimbatore Division Coimbatore.
2.The Deputy Registrar of Co-operative Societies No.11-A, Market Road, Pollachi.
3.The Special Officer K.141, Malaiyandipattinam Primary Agricultural Co-operative Credit Society Malaiyandipattinam Post, Pollachi.
4.The President K.141, Malaiyandipattinam Primary Agricultural Co-operative Credit Society Malaiyandipattinam Post, Pollachi.
5.The Joint Registrar Co-operative Societies Coimbatore Region Coimbatore - 2.
+1 Cc to Mr.K.S.Govindaprasad,advocate,sr.15270 +1 cc to Spl.Govt.Pleader,sr.15647 +1 cc to Mr.MS.Palanisamy, Advocate,sr.16152 +1 cc to Dr.C.Ravichandran, Advocate,Sr.15568 nr(co) krd 8/7 W.P.NO.17380 OF 2012