M.Kumaravel v. The Joint Registrar Of Co- Operative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. Nos.13227 & 13228 of 2021 and W.M.P.Nos.14028 & 14029 of 2021 M.Kumaravel ...
Petitioner in W.P.No.13227 of 2021 M.Senthilmurugan ...
Petitioner in W.P.No.13228 of 2021 /vs/
1. The Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram.
2. The Deputy Registrar of Co-operative Societies, Villupuram Zone, Villupuram.
3. VPM3, Villupuram District, Government Transport Employees Thrift & Credit Society, Rep. by Secretary / President, No.5, Vallalar Nagar, Salamedu, Villupuram - 605 401.
... Respondents in both W.P's.
Writ Petitions are filed under Article 226 of the Constitution of India to issue a writ of mandamus forbearing the respondents from terminating the petitioner from the post of Assistant in the Villupuram District
Government Transport Employees Thrift & Credit Society / 3rd respondent herein without following the established procedure of law. For Petitioner ... Mr.C.Munusamy (in both W.P's.) For Respondents ... Mr.P.Sathish (in both W.P's.) Additional Govt. Pleader for R1 & R2 Mr.L.P.Shanmugasundaram for R3 COMMON ORDER The petitioners who have been appointed as daily wager in the third respondent society on 08.04.2015 & 01.07.2017 respectively have filed this writ petition forbearing the respondents from terminating the petitioners from the post of Assistant in the Villupuram District Government Transport Employees Thrift & Credit Society / 3rd respondent herein without following the established procedure of law.
2. Since the second respondent had given letter to the petitioners to terminate their services, they have come out with this writ petition. The petitioners claim that being a Government employee, their services should not be terminated without any notice or enquiry.
3. Mr.P.Sathish, the learned Additional Government Pleader, submitted that the petitioners are only daily wagers and their services have not been regularized and they have not been appointed by undergoing thorough selection process in accordance with Rule 149 (1) & (2) of Tamil Nadu Co-operative Societies Rules, 1988.
4. The petitioners being in temporary service cannot claim a prayer to restrict the official respondents from terminating their services without any notice. However, it is open to the petitioners to declare their status as permanent by filing appropriate proceedings before the appropriate authority under Tamil Nadu Industrial Establishment (Conferment Permanent Status to Workmen) Act, 1981.
5. It is up to the first respondent to consider the representation of the petitioners in accordance with any of the policy decision taken in this regard or in accordance with law, if the petitioners are so entitled and pass suitable orders.
6. With the above observation, these Writ Petitions are disposed. No costs. Connected miscellaneous petitions are closed. 18.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn
To:
1. The Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram.
2. The Deputy Registrar of Co-operative Societies, Villupuram Zone, Villupuram.
R.N.MANJULA ,J.
bkn W.P. Nos.13227 & 13228 of 2021 18.03.2024