R.Ramachandran v. The Registrar Of Coop

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2015 CORAM :

THE HONOURABLE MR. JUSTICE T. RAJA W.P.NO. 7642 OF 2007 (O.A.NO.5725 of 2002) R. Ramachandran .. Petitioner Vs.

1. The Registrar of Co-operative Societies N.V.N. Natarajan Maligai Kilpauk, Chennai - 600 010.

2. The Joint Registrar of Co-operative Societies, Villupuram Region Villupuram.

.. Respondents PRAYER: This Writ petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No. 5725 of 2002 from the file of the Tamil Nadu Administrative Tribunal praying for issuance of a Writ of Mandamus, to direct the 1st respondent to include the name of the petitioner in the panel as on 01.05.2001 for promotion to the post of Co-operative Sub Registrar published in R.C. No. 180148/2001/EM.1 dated 13.07.2002 and consequently promote the petitioner on par with his junior with all monetary benefits and other consequential service benefits.

For Petitioner : Mr. S.M. Subramaniam For Respondents : Mr. E.M.S. Natarajan, GA

O R D E R

Mr. R. Ramachandran, filed O.A. No. 5725 of 2002 before the learned Tamil Nadu Administrative Tribunal seeking a direction to the 1st respondent to include his name in the panel as on 01.05.2001 for promotion to the post of Co-operative Sub Registrar published in R.C. No. 180148/2001/EM.1 dated 13.07.2002 with a consequential direction to promote him on par with his junior, with all monetary and other consequential service benefits. Subsequently, the matter was transferred to this Court as W.P. No. 7642 of 2007.

2. Today, Mr. S.M. Subramaniam, learned counsel appearing for the petitioner fairly submitted before this Court that since the petitioner suffered a punishment of stoppage of increment for six months without cumulative effect on 29.12.2000 and since the crucial date of the panel of the Senior Inspectors fit for promotion as Cooperative Sub Registrar is 01.05.2001 and on which date the currency of punishment not being over, the prayer of the petitioner may not survive.

3. As fairly conceded by learned counsel for the petitioner, the crucial date of the panel being 01.05.2001, the punishment of stoppage of increment for six months without cumulative effect having been imposed on 29.12.2000, the prayer cannot be answered in his favour. Learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents placed on record the proceedings of the Registrar of Cooperative Societies, in Rc.No. 161167/2002 EM.1 dated 20.06.2003 showing that the name of the petitioner has been included in the panel as on 01.05.2002 and has been consequently given promotion. 4.

Therefore, the Writ Petition is dismissed as infructuous. No order as to costs.

avr -s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Registrar of Co-operative Societies N.V.N. Natarajan Maligai Kilpauk, Chennai - 600 010.

2. The Joint Registrar of Co-operative Societies, Villupuram Region Villupuram.

+ 1 cc to Govt.Pleader, SR 11277 km(co) prk27/4 W.P.NO. 7642 OF 2007 (O.A.NO.5725 of 2002)