Nerinjipettai Primary v. The Joint Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2019 C O R A M THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.Nos.750 to 752 of 2018 and W.M.P.Nos.907 to 912 of 2018 W.P.No.750 of 2018 Nerinjipettai Primary Agricultural Co-operative Society Limited, No.3324, Nerinjipettai, Anthiyur Taluk, Represented by its President N.R.Chandrasekaran.
...Petitioner
Vs.
W.P.No.751 of 2018 A.A.533, Umareddiyur Primary Agricultural Co-operative Credit Society Ltd., Umareddiyur - 638 311, Anthiyur Taluk, Represented by its President C.N.Balasubramaniam.
...Petitioner
Vs.
W.P.No.752 of 2018 M.P.Balakrishnan, S/o.Palanivel Gounder, Member, No.K.757, Manickampalayam Primary
...Petitioner
Vs.
3.No.K.757, Manickampalayam Primary Represented by its President.
For Petitioner :Mr.V.Elangovan all Wps.
For Respondents :Mr.L.P.Shanmughasundaram all Wps Learned Special Government Pleader C O M M O N O R D E R The recruitment notification published in Daily Thanthi dated 25.11.2017 for selecting the employees through District recruitment Bureau to the Co-operative Societies is under challenge in these present Writ Petitions.
2.The learned counsel for the Writ Petitioners states that the Petitioners Co-operative Societies are registered under the Provisions of Tamil Nadu Co-operative Societies Act. Under the Provisions of the Tamil Co-operative Societies Act, Board is the appointing authority for appointing employees to the society. Reserving the power of the Board, the District recruitment board was constituted, contrary to the provisions of Rule 149 of the Tamil Nadu Co-operative Societies Rule and the impugned notification was issued. As per Rule 149 of the Tamil Nadu Cooperative Societies rules, the Board alone is competent to select the person and appoint employees in respect of the Cooperative Societies concerned. Thus, the impugned notification is in violation of Rule 149 of the Tamil Nadu Co-operative Societies Rules and liable to be scrapped.
3.The learned Special Government Pleader appearing on behalf of the respondents 1 and 2 solicited the attention of this Court with reference to Section 74 of the Tamil Nadu Co-operative
Societies Act, which reads as follows:
"74. Recruitment Bureaus.- (1) The Government may, by notification constitute Recruitment Bureaus at the State and district levels for the recruitment of such categories of paid officers and servants for employment by such class or classes or category or categories of registered societies as may be prescribed. Nothing contained in this section shall apply to any of the posts in respect of which common cadre of service has been constituted under section 75.
(2) The manner of constitution of the Recruitment Bureaus and the procedure to be followed by such Bureaus be such as may be prescribed."
Section 74 stipulates that in respect of other than common cadre services, the Government may by notification constitute recruitment Bureaus at the State and District levels for recruitment of employees for the Co-operative Societies. 4.The learned Special Government Pleader further informed this Court that pursuant to the powers conferred under Section 74 of Act, the Government issued notification and accordingly amendments were issued under Rule 150 of the Tamil Nadu Cooperative Societies Rules. The recruitment Bureau was constituted and Special clause 2 states that recruitment Bureau for revenue District and accordingly the Bureau was constituted consisting of Additional Registrar, Managing Director, Deputy Registrar (Public Distribution System), Circle Deputy Registrar in the head quarters of the district concerned, etc.
, Thus, district level District recruitment Bureau also was constituted by the Government by way of a notification under Section 74 of the Act and suitable amendments were issued to that effect and pursuant to the amendments, the impugned notification was issued by the District Recruitment Bureau for the purpose of appointing employees in the Co-operative Societies. In view of the fact that the appointment of District recruitment Bureau is in accord with the provisions of the Tamil Nadu Co-operative Societies Act and there is no infringe in issuing the recruitment notification by the said Board.
5.The learned Special Government Pleader further brought to the notice of this Court that on account of pendency of the Writ Petition, further processes are kept in abeyance. However, it is left open to the authority concerned, to proceed with the selection process and complete the same by following the procedures contemplated under the Act and Rules.
With these observations, these Writ Petitions stand dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 3.The President, No.K.757, Manickampalayam Primary +3cc to M/s.S.Doraisamy, Advocate sr.no.9559, 9561, 9560 +1cc to Mr.L.P.Shanmughasundaram, Advocate sr.no.9944 +1cc to Government Pleader sr.9698 W.P.Nos.750 to 752 of 2018 rsv(co) nr 05/03/2019