Madras High CourtWP/3667/2026disposed of with direction

S. Velankanny v. The Joint Registrar Of Cooperative Societies,

2026-02-09Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Velankanny ... Petitioner Vs.

1. The Joint Registrar of Cooperative Societies, Cuddalore Region, Cuddalore, Cuddalore District. 2.The Deputy Registrar of Cooperative Societies, Chidambaram Circle, Chidambaram, Cuddalore District. 3.The Administrator, E.2683, Palayankottai Primary Agricultural Cooperative Credit Society, Palayankottai, Cuddalore District. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the second respondent in his proceedings Na.Ka.10/2025/Tha, dated 11.04.2025 and quash the same and consequently, direct the respondents to promote the petitioner as Secretary in the third respondent Society.

For Petitioner :

Mr.C.Prakasam For Respondents : Mr.S.Ravikumar Special Government Pleader

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the second respondent vide proceedings in Na.Ka.10/2025/Tha dated 11.04.2025 and for a consequential direction to the respondents to promote the petitioner as Secretary in the third respondent Society.

2. The petitioner was appointed as Salesman in the third respondent Society on 15.04.1997 and he was working in the same post for the past 28 years without any promotion. The claim of the petitioner is that even though he has requisite educational qualification and also possessed Teacher Training and Diploma in Cooperation, he was not promoted, whereas, his juniors were promoted. He also claims that in some other Co-operative Societies in same circle, Salesmen were promoted to the post of Secretary and he has been singled out. In this connection, the petitioner made a representation to the respondents on 07.02.2025, but the same was rejected

vide proceedings dated 11.04.2025 stating that there is no vacancy in the third respondent Society till 30.03.2026.

3. The learned counsel appearing for the petitioner reiterated the submissions made in the affidavit filed in support of this writ petition. He also relied upon the order of this Court dated 12.07.2022 in W.P.No.2628 of 2015, wherein, it has been held that the Deputy Registrar has no jurisdiction to pass orders with regard to service matters of the employees of the Co-operative Societies and the power vests with the Joint Registrar of Co-operative Societies and therefore, the order passed by the Deputy Registrar is without any jurisdiction. Therefore, it is liable to be interfered with.

4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

5. Considering the facts and circumstances of the case and the submission made by the learned counsel appearing for the petitioner and the

learned Special Government Pleader appearing for the respondents, though the petitioner is qualified and is continued for promotion, the same cannot be claimed as a matter of right and can be considered only if there is any vacancy for the post of Secretary of the Society. Since the request for promotion by the petitioner was negated on the ground that there is no vacancy arising in the immediate future, but only after 31.03.2026, the respondents cannot be compelled to give promotion to the petitioner when there is no vacancy. Since there is any vacancy that arises in the third respondent Society for the post of Secretary, the petitioner's candidature can be considered.

6. Accordingly, this Writ Petition is disposed of with the above terms. There shall be no order as to costs.

09.02.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

M.DHANDAPANI, J.

ssb To

09.02.2026