U.Revathi v. The Joint Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2017
CORAM
THE HONOURABLE MR. JUSTICE T. RAJA W.P.Nos.31618 to 31621 of 2017 U.Revathi .. Petitioner in W.P.No.31618/2017 C.Badhrinath .. Petitioner in W.P.No.31619/2017 C.Padmapriya .. Petitioner in W.P.No.31620/2017 M.Dhandapani .. Petitioner in W.P.No.31621/2017 Vs.
1. The Joint Registrar of Co-operative Societies, Coimbatore.
2. The President, K-2069, Veerakeralam Urban Co-operative Credit Society Limited, Veerakeralam, Coimbatore-641 007.
.. Respondents in all W.Ps.
Writ Petitions filed under Article 226 constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to grant administration sanction to the 2nd respondent to regularise the petitioners service as a Packer from 08.09.2000 in the 2nd respondent Society by taking note of the order passed by the Registrar, Co-operative Societies in R.C.No.81392/09/SF1 dated 14.09.2009 in the case of Saravanan by considering the petitioner representations dated 04.09.2017 and 03.11.2017 within a reasonable time.
For Petitioners : Ms.T.P.Savitha For Respondents : Mr.L.P.Shanmugasundaram, Special Government Pleader C O M M O N O R D E R The present Writ Petitions have been filed seeking to issue a Writ of Mandamus, directing the 1st respondent to grant administration sanction to the 2nd respondent to regularise the petitioners service as a Packer or Assistant or Salesman from 08.09.2000 in the 2nd respondent Society by taking note of the order passed by the Registrar, Co-operative Societies in R.C.No.81392/09/SF1 dated 14.09.2009 in the case of Saravanan by
considering the petitioners representations dated 04.09.2017 and 03.11.2017 within a time stipulated by this Court. 2.
The case of the petitioners is that the petitioner in W.P.No.31618/2017 was appointed as an Assistant in the 2nd respondent Society on 03.01.2000 whereas the petitioner in W.P.Nos.31619 and 31620/2017 were appointed on 31.08.2000 and 07.03.2001 respectively and the petitioner in W.P.No.31621/2017 was appointed as a Salesman on 07.03.2001. While so, the Government issued orders to regularise the service of the irregular appointments made between 08.07.1980 and 11.03.2001. Further, the Government issued letter dated 02.11.
2006 authorizing the Regional Joint Registrar of Co-operative Societies to regularise the service of the irregular appointments made for the aforesaid period and the Registrar of Co-operative Societies issued a Circular to all the Joint Registrar throughout the State and about 26,768 out of 36,872 irregular appointments have been regularised up to 31.07.2007. Now the grievance of the petitioners is although they have been appointed within the said period, their services have not been regularised. In this regard, the petitioners have given representations dated 04.09.2017 and 3.11.2017, but the same have not been considered. Hence the present Writ Petitions. 3.
Learned Counsel for the petitioners would submit that in an identical situation, one Saravanan, who was working as a Salesman in Nallavanpallayam Primary Co-operative Agricultural Bank, his service was regularised vide Proceedings of the Registrar of Co-operative Societies in R.C.No.81392/09/SF.1 dated 14.09.2009 even though he was not appointed through Employment Exchange. The learned Counsel further submitted that the petitioners have been working for the past 17 years, the respondents cannot unilaterally deny to regularise their services. The learned Counsel also submitted that in this regard, the petitioners have given representations dated 04.09.2017 and 03.11.2017. But, there is no reply for the same. Therefore, the learned Counsel sought a direction to the respondents to regularise the services of the petitioners. 4.
Mr.L.P.Shanmughasundaram, learned Special Government Pleader who takes notice for the respondents, sought 8 weeks time to consider and pass orders on the representations of the petitioners.
5.
Considering the facts and circumstances of the matters and also taking into account the submission made by the learned Special Government Pleader for the respondents, the Writ Petitions are disposed of directing the respondents to consider and pass appropriate orders on the representations of the petitioners dated 4.9.2017 and 3.11.2017 on merits and in accordance with law and also in the light of the order passed by
the Registrar of Co-operative Societies in R.C.No.81392/09/SF1 dated 14.09.2009 in the case of Saravanan. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To
1. The Joint Registrar of Co-operative Societies, Coimbatore.
2. The President, K-2069, Veerakeralam Urban Co-operative Credit Society Limited, Veerakeralam, Coimbatore-641 007.
+ 1 cc to Mr.L.P.Shanmugasundaram, Advocate,SR.86716 + 4 cc to Ms.T.P.Savitha Advocate,SR.86608 + 1 cc to The Govt.Pleader, SR.87416 W.P.No.31618 to 31621/2017 sks(co) nr 02/01/2018