Madras High CourtWP/22001/2016disposed of

P.Srinivasan, v. The Joint Registrar Of

2016-07-15Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.07.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.22001 of 2016 & W.M.P.No.18811 of 2016 P.Srinivasan .. Petitioner Vs.

1.The Joint Registrar of Cooperative Societies, Villupuram Region, Villupuram, 2.The Deputy Registrar of Cooperative Societies, Tindivanam Circle, Tindivanam, 3.The President, Rettanai Primary Agricultural Cooperative Credit Society, Rettanai & Post - 604 306, Tindivanam Taluk, Villupuram District.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to regularize the petitioner's service in the post of Jewel Appraiser in the third respondent society by taking note of the order passed in W.A.[MD] No.250 of 2015, dated 27.04.2015.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.P.Shanmugasundaram Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to regularize the petitioner's service in the post of Jewel Appraiser in the third respondent society by taking note of the order passed in W.A. [MD] No.250 of 2015, dated 27.04.2015.

2.The petitioner joined service in Indian Army in the year 1983. According to the petitioner, he has been working continuously and his services have not been regularised. It is his further contention that similarly placed persons were appointed on regular basis. The petitioner made a representation to the respondent on 06.06.2016 but till date no orders have been passed and hence, the Writ Petition has been filed. 3.Mr.C.Prakasam, learned counsel appearing for the petitioner would submit that the petitioner would be satisfied, if his representation is directed to be considered and appropriate orders are passed as per the judgment of this Court made in Justine, L. vs. The Registrar of Cooperative Societies [2002 [4] CTC 385].

4.Mr.L.P.Shanmugasundaram, learned Government Pleader for the respondents would contend that the citation referred by the petitioner is not applicable in view of the judgment of the Hon'ble Supreme Court made in A.Umarani vs. Registrar, Cooperative Societies [(2004) 7 SCC 112].

5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the first respondent, to consider the representation of the petitioner, dated 06.06.2016, and pass appropriate orders, on merits and in accordance with law, as per the law laid down by this Court as well as the Hon'ble Apex Court.

6.The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar sri To 1.The Joint Registrar of Cooperative Societies, Villupuram Region, Villupuram,

2.The Deputy Registrar of Cooperative Societies, Tindivanam Circle, Tindivanam, 3.The President, Rettanai Primary Agricultural Cooperative Credit Society, Rettanai & Post - 604 306, Tindivanam Taluk, Villupuram District.

1 cc to Mr.L.P.Sanmugasundaram, Advocate, sr.39644 1 cc to The Government Pleader, sr.40217 W.P. No.22001 of 2016 gj ii co kra 05.08.2016