M.Vediappan v. The Joint Registrar Of Co-Op.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.09.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P Nos.10443 to 10445 of 2005

1. Vediappan ....Petitioner in W.P No.10443/2005

2. P.Ramamurthy ....Petitioner in W.P No.10444/2005

3. S.Arun ....Petitioner in W.P No.10445/2005 Vs.

1.The Joint Registrar of Co-op Societies, Tiruvannamalai Region, Tiruvannamalai, Tiruvannamalai District.

2.The Deputy Registrar of Co-op Societies, Cheyyar Circle, Kancheepuram Road, Cheyyar, Tiruvannamalai District.

3.No.VL.SPL. 211, Araiyalam Primary Agricultural Co-op Bank, rep. By its Special Officer, Ariayalam, Arni Taluk, Tiruvannamalai District.

.... Respondents in all W.Ps 1/4

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 3rd respondent in his proceedings Na.Ka.No.Nil, dated 23.05.2002 and quash the same and consequently direct the respondents to reinstate the petitioner in service.

For Petitioners : Ms. C. Prakasam For R1 & R2 : Dr.T. Seenivasan Special Government Pleader For R3 : Mr. L.P. Shanmugasundaram COMMON

ORDER

These Writ Petitions have been filed challenging the order dated 23.05.2002 passed by third respondent, thereby dismissed the petitioners from their representation service.

2. Heard the learned counsel appearing for the petitioners, the learned Special Government Pleader appearing for the respondents 1 & 2 and the learned counsel appearing for the third respondent and perused the materials available on record.

3. The petitioners were appointed as Night Watchman in the 3rd respondent Society on daily wage basis. Subsequently, they were paid with consolidated salary. Due to loss of the third respondent Society, the petitioners were removed from service in an irregular manner and without following any 2/4

Rules. They were issued with show cause notice for removal from their service. Therefore, the petitioners approached this Court. However, they were removed from the service.

4. The learned counsel for the respondents submitted that they were appointed through back door and as such, their service cannot be regularised. Therefore, they were issued with show cause notice and they were challenged the same before this Court. Finally, all the writ petitions were dismissed by this Court. Accordingly, the petitioners were dismissed from service on the ground that their appointment was not proper and due to loss of the third respondent Society, they were disengaged from their employment.

5. In view of the above, this Court finds no infirmity or illegality in the order dated 23.05.2002 passed by the third respondent and the writ petitions are devoid of merits and it is liable to be dismissed. Accordingly, these Writ Petitions stand dismissed. There shall be no order as to costs. 15.09.2023 Index : Yes/No Internet : Yes/No Lpp G.K.ILANTHIRAIYAN.J 3/4

Lpp To 1.The Joint Registrar of Co-op Societies, Cheyyar Circle, Kancheepuram Road, Cheyyar, Tiruvannamalai District.

2.The Joint Registrar of Co-op Societies, Cheyyar Circle, Kancheepuram Road, Cheyyar, Tiruvannamalai District.

3.The Special Officer, No.VL.SPL. 211, Araiyalam Primary Agricultural Co-op Bank, Ariayalam, Arni Taluk, Tiruvannamalai District.

W.P Nos.10443 to 10445 of 2005 15.09.2023 4/4