D.Kamalakannan v. The Registrar Of Co-Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2016

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.20806 of 2016 and W.M.P.No.17831 of 2016 D.Kamalakannan ... Petitioner Vs.

1. The Registrar of Co-operative Societies, NVN Building, Kilpauk, Chennai - 600 010.

2. The Additional Registrar of Co-operative Societies, Chennai Region, St. Mary's Salai, TANFED Building, Abiramapuram, Chennai - 600 018.

3. The President, Chennai Central Co-operative Bank, No.215, Prakasam Salai (Broadway), Chennai - 600 108.

4. The Managing Director, Chennai Central Co-operative Bank, Head Office at No.215, Prakasam Salai (Broadway), Chennai - 600 108.

... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, to direct the respondents to prepare and publish a panel of seniority list of the staff of the Chennai Central Co-operative Bank based on the representation of the petitioner dated 20.11.2015, within a fixed time to be framed by this Court.

For petitioner :

Mr.M.Selvam For respondents:

Mr.Bala Ramesh, Additional Government Pleader

ORDER

By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. Mr.Bala Ramesh, learned Additional Government Pleader takes notice on behalf of the respondents.

3. The petitioner joined the Chennai Central Co-operative Bank as a Senior Assistant cum Cashier on 19.08.1983 and now, he is working as a Chief Manager. According to him, the Chennai Central Co-operative Bank used to publish a panel of seniority list and based on the same, promotion will be made to the staff members, but, the same was not followed by the Bank for the past 30 years and now, the Bank gave promotions to their staff members on their own way, due to which, many persons suffer from getting promotion. In this regard, the Bank's Trade Union sent a letter to NABARD, which directed the respondents to resolve the issue. As the respondents have not published any seniority list so far, the petitioner sent a representation to the respondents requesting to prepare and release a seniority list for the staff of the Bank. Despite the same, there is no response from the respondents. Hence, the petitioner has filed the present writ petition.

4. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.

5. The learned counsel for the petitioner submitted that though the petitioner made a representation to the respondents on 20.11.2015, no action has been taken by the respondents so far. The learned counsel further submitted that the petitioner would be satisfied, if the second respondent is directed to consider the representation dated 20.11.2015 and pass appropriate orders.

6. The learned Additional Government Pleader appearing for the respondents has got no serious objection for directing the second respondent to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law.

7. Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the 2nd respondent, to consider the representation of the petitioner, dated 20.11.2015, and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

8. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ogy To

1. The Registrar of Co-operative Societies, NVN Building, Kilpauk, Chennai - 600 010.

2. The Additional Registrar of Co-operative Societies, Chennai Region, St. Mary's Salai, TANFED Building, Abiramapuram, Chennai - 600 018.

3. The President, Chennai Central Co-operative Bank, No.215, Prakasam Salai (Broadway), Chennai - 600 108.

4. The Managing Director, Chennai Central Co-operative Bank, Head Office at No.215, Prakasam Salai (Broadway), Chennai - 600 108.

+1cc to M/s. M. Selvam, Advocate, S.R.No.33976 +1cc to the Government Pleader, S.R.No.34127 RK(CO) EU(21/07/2016) W.P.No.20806 of 2016