R.Manjunath v. The Registrar Of Coop. Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.17900 OF 2021 (Through Video Conferencing) R.Manjunath ... Petitioner .Vs.
1. The Registrar of Co-Societies, N.V.N.Maligai, Kilapuk, Chennai - 10.
2. The Joint Registrar of Co-op.Societies, Krishnagiri, Krishnagiri District.
3. The Management of S.527, Kelamangalam Agricultural Producers Co-op. Society Ltd., Rep. by its Managing Director, Kelamangalam, Denkanikottai Taluk, Krishnagiri District - 635 113.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 2nd and 3rd respondents to consider and pass appropriate orders on the representation dated 16.07.2021 made by the petitioner. For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate For R1 & R2 Mr.Balathandayutham Government Advocate For R3
ORDER
Heard the learned counsel for the petitioner and the learned counsel for the Government Advocates for the respondents.
2. This Writ Petition has been filed for issuance of a writ of mandamus to direct the second and third respondents to consider and pass appropriate orders on the representation dated 16.07.2021 of the petitioner.
3. It is the case of the petitioner that the petitioner was appointed as a Ration Shop Packer on 01.10.1999 by the third respondent. According to the petitioner, the Government had issued G.O.Ms.No.86, Co-operation, Food and Consumer Protection Department, dated 12.03.2001, wherein, it has been directed to regularise the services of the employees who had joined the Cooperative Societies between 08.07.1980 and 12.03.2001 and had completed 480 days.
4. However, the service of the petitioner has not been regularised by the respondents stating that the petitioner was appointed without being sponsored by the Employment Exchange though the petitioner was appointed during the aforesaid period and completed 480 days. Similarly placed employees like the petitioner was also appointed though he was sponsored by the Employment Exchange Board and had filed Writ Petition in W.P.No.21440 of 2015 batch etc cases before this Court. By a common order dated 19.02.2021, this Court had disposed the batch with a direction to regularise the services of the employees. The operative portion of the said order reads as under:- 37.In view of the above discussion, all the writ petitions are disposed of with the following directions:
a.All those Petitioners/Respondent Employee, as the case may be who have at the time of their appointment, fulfilled their educational qualification, who have been appointed in a sanctioned post within the cadre strength, and are in regular scale of pay, are declared to have satisfied the substantial/mandatory qualification prescribed under Rule 149(1) of the Rules;
b.The appointments not being sponsored by the employment exchange, as prescribed under Rule 149
(2) of the Rules, will only make the appointments irregular and not illegal;
c.All those Petitioners/Respondent Employee, as the case may be who have fulfilled the criteria stipulated in Clause (a), shall be regularized by the Respondents by issuing appropriate proceedings within a period of 8 weeks from the date of receipt of a copy of this order by taking the cut-off date as 12.03.2001; d.The regularization of service of the Petitioners/Respondent Employee, as the case may be will not entail them with any additional monetary benefits except the consequential benefits which flows from such regularization; and e.The benefit of regularization that is extended to the eligible Petitioners/Respondent Employee, as the case may be shall also be extended to all those employees who are similarly placed even though they have not knocked the doors of this Court.
Accordingly, the batch of writ petitions are disposed of. No costs. Consequently, all the connected miscellaneous petitions are closed.
5. It is submitted that pursuant to the aforesaid order, the first respondent had issued a circular dated 22.02.2021 to send the list of the employees those who have appointed between 08.07.1980 and 12.03.2001 though not sponsored by the Employment Exchange Board. However, the third respondent has not forwarded the complete list of employees and thereby failed to include the name of the petitioner. Under these circumstances, the petitioner had sent a representation dated 16.07.2021. A further reminder dated 27.07.2021 was also sent to the subordinate officials to furnish the details on or before 30.07.2021 without fail.
6. Considering the overall facts and circumstances of the case and the order dated 19.02.2021 of this Court in W.P.No.21440 of 2015 batch etc and since the petitioner was appointed as early as on 01.10.1999, the second and third respondents are directed to consider the representation dated 16.07.2021 of the petitioner in the light of the order of this Court in W.P.No.21440 of 2015 batch etc and pass appropriate
orders on merits in accordance with law, within a period of 30 days from the date of receipt of a copy of this order. 7.This Writ Petition stands disposed with the above observations. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar jas To 1.
The Registrar of Co-op.Societies, N.V.N.Maligai, Kilapuk, Chennai - 10.
2.
The Joint Registrar of Co-op.Societies, Krishnagiri, Krishnagiri District.
3.
The Managing Director, The Management of S.527, Kelamangalam Agricultural Producers Co-op. Society Ltd., Kelamangalam, Denkanikottai Taluk, Krishnagiri District - 635 113.
+1cc to Mr.T.Sundaravadanam, Advocate, S.R.No.42848 +1cc to the Government Pleader, S.R.No.43637 W.P.NO.17900 OF 2021 RSI(CO) PBS/15/11/2021